Judgment ( 1. ) APPELLANT has been found guilty for commission of offences under section 302 and 201 IPC and has been awarded Life Imprisonment and 3 years R. I. respectively, in the aforesaid two offences by Second Additional Session Judge, katni, in Sessions Trial No. 774/1995 decided on 9-3-1997. Hence, this appeal. ( 2. ) WE have, accordingly, heard learned Counsel for the parties and perused the record. ( 3. ) IT is not disputed before us that Munni Bai, the deceased, was the wife of this appellant. According to P. W.-18 Dr. R. S. Asrani, who had performed the postmortem on the body of deceased, death was homicidal in nature, but the cause of death could not be affirmatively ascertained. In the windpipe carbon suit particles were not found, but her thyroid bone of neck was found to be fractured. The postmortem report is Exhibit P-15 proved by this doctor. She had also sustained burn injuries to the extent of 30 to 40%. According to the doctor, her death was due to shock. ( 4. ) ON 30-8-1995 at about 11. 30 P. M. in village Jhalwara this appellant was living with his wife Munni Bai. According to appellant, both of them were sleeping together, but at about 11. 30 P. M. he found that his wife was not there. He searched for her and then noticed that she was lying in a burnt condition in the adjoining kitchen. He further made attempts to extinguish the fire and had sprinkled ash on her body so as to give her some respite. At that time, according to appellant, she was alive but succumbed to the burn injuries after 10-15 minutes. P. W.-8 Nandoli had reached the spot soon after the incident on account of hue and cry raised by this appellant. Nandoli had also deposed that when he visited the spot, at that time, deceased Munni Bai was alive, but died 10-15 minutes thereafter. Merg intimation was recorded on the information given by this appellant. After initial investigation, since there was some suspicion with regard to commission of offences by this appellant himself, he was arrested on 6-9-1995. ( 5. ) AFTER completion of investigation charge-sheet was filed against the appellant, who abjured his guilt, and submitted that he has falsely been implicated in the case. After initial investigation, since there was some suspicion with regard to commission of offences by this appellant himself, he was arrested on 6-9-1995. ( 5. ) AFTER completion of investigation charge-sheet was filed against the appellant, who abjured his guilt, and submitted that he has falsely been implicated in the case. He came forward with the defence that his wife was having illicit relation with someone and the fact of this had come to the notice of this appellant, on account of which she was feeling laid down in the eyes of her own husband and thus committed suicide. ( 6. ) TO bring home the guilt of the appellant, prosecution examined 18 witnesses on its behalf. Appellant examined Badri Prasad and Jhulli Ram on his behalf. ( 7. ) LEARNED Trial Court, after appreciating the evidence available on record, has recorded a finding of guilt against this appellant. ( 8. ) LEARNED counsel for the appellant strenuously contended that since there is no eye-witness account available and the chain of circumstances, not having been found complete, the conviction of the appellant is not only erroneous but also illegal and bad. ( 9. ) IN the light of the aforesaid submissions, we have examined the evidence available on record. P. W. 1 Sukhchain Singh, P. W. 2 Ram Bihari, P. W. 5 Basorilal, P. W. 13 Mahesh Prasad Gupta have already been declared hostile. Thus, we are not going through their evidence as they have not supported the prosecution story. P. W. 3 Badi Bai has deposed that Munni Bai, wife of appellant mulai, had died of burn injuries. In the night she had heard Mulai and his mother crying and then it was informed that Munni Bai had expired. P. W. 4 Ganpat Lai, P. W. 6 Shiv Balak, P. W. 7 Vijay Singh and P. W. 9 Shobha Ram are formal witnesses of seizure and panchayatnama. ( 10. ) EVIDENCE of P. W. 18 Dr. R. S. Asrani, who had performed the postmortem on the body of Munni Bai is relevant. On her face and neck postmortem burns to the extent of 9% were there. Similarly, postmortem burns on her chest to the extent of 9% and on her back to the extent of 10% and some postmortem injuries on her right hand were found. R. S. Asrani, who had performed the postmortem on the body of Munni Bai is relevant. On her face and neck postmortem burns to the extent of 9% were there. Similarly, postmortem burns on her chest to the extent of 9% and on her back to the extent of 10% and some postmortem injuries on her right hand were found. Thus, total 35 to 40% of the postmortem burn injuries were found on the body of deceased. Postmortem burn injuries at some places were deep. No external iniur\ marks were found on the neck. In the wind-pipe secretion was present but carbon soot particles were not found. Her thyroid bone of neck was fractured. Blood with saliva was also coming out. According to doctor, death was due to shock. Her teeth were clinched and tongue was entangled between the teeth and was also slightly cut. There was swelling in the eyes. Blood was oozing out from the nostril. The nails had turned blue and her hands were also clinched. P. W. 17 Dr. Sunita Verma was also present at the time of postmortem. She has deposed that after examination of deceased Munni Bai it was found that she was not pregnant and there were no injuries on her body. ( 11. ) IN the light of this medical evidence, now the question that arises for consideration is whether she was first strangulated and thereafter burn injuries were caused so as to conceal the nature of the crime and whether the same was committed by this appellant. ( 12. ) ADMITTEDLY, appellant and deceased were living as husband and wife under the same roof. She was not suffering from any ailment before her death and she appeared to be a healthy lady. If according to appellant, she had tried to commit suicide and, therefore, had sustained burn injuries to the extent of 35 to 40%, as found by the doctors, then obviously she would have made some attempt either to save herself or to raise an alarm. It is quite natural on the part of the person who has sustained burn injuries to raise an alarm, howsoever strong will power one may have possessed. It is not that easy to tolerate the burn injuries. It is quite natural on the part of the person who has sustained burn injuries to raise an alarm, howsoever strong will power one may have possessed. It is not that easy to tolerate the burn injuries. From the record it is not established that any attempt was made at any point of time by Munni Bai to raise hue and cry or to raise an alarm in this regard. It is also not borne out from the record that she had made any attempt to extinguish the fire or to save herself from burning further. The defence, as taken by the appellant, does not appeal to reason. ( 13. ) THE other signs which have been found on the body of deceased by doctor Asgari are indicative of the fact that she was first strangulated and then with an intention to conceal the commission of the crime, her face and neck were partly burnt. ( 14. ) IF the windpipe is compressed so suddenly as to occlude the passage of air altogether, the individual is rendered powerless to call for assistance, becomes insensible and may die instantly. In case the windpipe is not completely closed, the face becomes cyanosed, bleeding occurs from the mount, nostrils and ears, the hands are clenched and convulsions precede delayed death. In such cases death is usually due to asphyxia. Very rarely the cervical vertebrae may be fractured. A pale face would indicate a rapid death from reflex cardie arrest, while a cyanogen face with petechial would suggest a delayed death. The aforesaid opinion has been formed on the strength of Modis medical Jurisprudence and Toxicology, Twenty-second Edition. ( 15. ) NOW coming to the condition of the body that was found by the doctor. It is to be seen from the postmortem report as under:-Tongue - protruded out and canoed. Had turned black in colour; teeth - clutched very tightly; Eyes - swollen, pupils dilated; Blood stained secretion coming through angle of mouth and nostrils; Nails- canoed; Hands clenched; Flex-on of elbow and knee joints. Then doctor has described with regard to postmortem burn over the body. ( 16. ) THUS from the aforesaid medical evidence and taking help from modis Medical Jurisprudence, it is established beyond any shadow of doubt that deceased was first strangulated and then she was burnt so as to conceal the nature of crime. Then doctor has described with regard to postmortem burn over the body. ( 16. ) THUS from the aforesaid medical evidence and taking help from modis Medical Jurisprudence, it is established beyond any shadow of doubt that deceased was first strangulated and then she was burnt so as to conceal the nature of crime. Appellant, being a rustic villager, little realised that the medical evidence has advanced far too ahead to still catch him from the same. Doctor has also opined that there were no blisters on the body of deceased which are usually noticed in case a living person is burnt. There was no significant change in the skin of the deceased which would have been there, in the ordinary course, if she had sustained ante-mortem burn injuries. ( 17. ) FROM the aforesaid discussion, we are of the opinion that it was this appellant who had first strangulated his wife and thereafter with an intention to conceal the commission of the crime, tried to burn her face and neck. ( 18. ) IN the light of the aforesaid discussions, we are of the considered opinion that the learned Trial Court committed no error in recording a finding of guilty of offences, under Sections 302 and 201 IPC, against the appellant. ( 19. ) THE appeal of the appellant, being devoid of any merit and substance, is hereby dismissed. The judgment and order of conviction are hereby upheld. Criminal Appeal dismissed.