Judgment : Justice Rajiv Sharma, J. This appeal is instituted against the judgment and order dated 21.2.2014 and 25.2.2014, respectively, rendered by the learned Sessions Judge (Forests), Shimla, H.P. in Sessions Case No. 29-S/7 of 2012/11, whereby the appellant-accused (hereinafter referred to as the accused), who was charged with and tried for offence punishable under Section 302 IPC, was convicted and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 10,000/- and in default of payment of fine to further undergo imprisonment for six months. 2. The case of the prosecution, in a nut shell, is that the accused was student of Engineering in IIT Rurkee and deceased Pragti was student of Engineering at IIT Delhi. On 25.2.2010, both of them came to Shimla and stayed in room No. 26, Hotel Rasik at 2:30 AM. On 26.2.2010, they stayed in the room. On 27.2.2010 when the room was found locked from outside and no reply was coming from inside, the police was called and the room was opened with duplicate key and dead body of deceased Pragti was found in the room. The police recorded the statement of PW-4 Raj Kumar vide Ext. PW-4/A and rukka was sent to the Police Station. On the basis of the rukka, FIR Ext. PW-25/A was registered. The spot proceedings were photographed. The police took into possession various articles belonging to the accused and deceased. The dead body was handed over to the Uncle and Sister of Pragti. The accused had left Shimla and stayed at Hotel Haryana, Chandigarh and thereafter, he was nabbed from Jagadhari. The police took specimen handwriting and finger prints of the accused. The accused was got medically examined and his MLC Ext. PW-32/A was obtained. The post mortem of the deceased was also got conducted. On completion of the investigation, challan was put up after completing all the codal formalities. 3. The prosecution, in order to prove its case, has examined as many as 37 witnesses. The accused was also examined under Section 313 Cr.P.C. The accused filed his defence in writing and took defence that Pragti was in love with him and her parents were against their marriage. They came to Shimla and stayed in Hotel Rasik. They consumed liquor, smoke together and also had sex. The deceased committed suicide. He also tried to commit suicide. He was arrested from Jagadhari. They came to Shimla and stayed in Hotel Rasik. They consumed liquor, smoke together and also had sex. The deceased committed suicide. He also tried to commit suicide. He was arrested from Jagadhari. The accused has also examined two DWs in defence. The learned trial Court convicted and sentenced the accused, as noticed hereinabove. Hence, this appeal. 4. Mr. Ajay Kochhar, Advocate for the accused has vehemently argued that the prosecution has failed to prove the case against the accused. On the other hand, Mr. P.M.Negi, learned Dy. Advocate General, appearing on behalf of the State, has supported the judgment and order of the learned trial Court dated 21.2.2014 and 25.2.2014, respectively. 5. We have heard learned counsel for both the sides and gone through the judgment and records of the case very carefully. 6. PW-1 Anil Kumar deposed that the accused was absent from the Institute on 24.2.2010 onwards. 7. PW-2 Mohinder Singh deposed that he was on night duty at reception on the intervening night of 27th and 28th February, 2010. The police came to the hotel on 28.2.2010 at 7-7:30 AM and Ramesh Chand, Manager was present in the hotel. He produced the photo copy of the abstract of the register for the period 26.2.2010 and 27.2.2010. It was also signed by Ramesh Chand. He identified his signatures. The accused stayed in the hotel on 27.2.2010 for about 1- 1½ hours. 8. PW-4 Raj Kumar deposed that on the night intervening 25/26th February, 2010, one boy and a girl visited their hotel. He was on duty. They asked for a room and he booked room No. 26 for them. Entries were made in the guest register by him. Entry form was filled in by the boy i.e. accused. The accused and the girl had come to their hotel in a vehicle. They came at 2:30 AM and stayed in the hotel. On 26.2.2010 at about 11:30 AM, he went to room No. 26 in order to inquire whether they wanted to have a vehicle for sight-seeing in Shimla. He went inside the room and asked the accused whether they wanted a vehicle or not. Thereafter, he did not go inside the room of the accused. At about 12:30 PM, both of them went out of their hotel for a walk. After about an hour, both of them came back to their hotel. He went inside the room and asked the accused whether they wanted a vehicle or not. Thereafter, he did not go inside the room of the accused. At about 12:30 PM, both of them went out of their hotel for a walk. After about an hour, both of them came back to their hotel. He tried to contact in room No. 26 via intercom, from the reception but no reply came from the said room. As such, he sent Nitin, waitor to room No. 26 but he returned back after some time and told him that room No. 26 was locked from outside and none was responding despite knocking the door and making call. He took a duplicate key of the room from the reception and went to room No. 26 with Nitin. On opening the door, they saw the quilt lying over the body. They locked the door of the room and came back to reception. He telephonically informed M.D. of the Hotel Sh. Rajeev Sood. He directed him to inform the police. He rang up in the Police Station. The police came to their hotel at about 1:30 PM on 27.2.2010. The police recovered into their possession one laptop, two pen drives, one empty container vide memo Ext. PW-4/B. The police also took into possession two knifes vide memo Ext. PW-4/E. The clothes of the accused and deceased were also taken into possession. He proved guest register vide Ext. PW-4/R and entry form Ext. PW-4/S. Entry form Ext. PW-4/S was filled in by accused in his presence. In his cross examination, he deposed that when somebody raises alarm or makes hue and cry in room No. 26, the same could be audible in the adjoining rooms as well as in the reception. According to him, when the boy and girl came back, they were intoxicated. When he entered the room alongwith the police, he saw one paper lying by the side of bed and something was written on it. He was re-examined by the learned A.P.P. He admitted that paper was lying by the side of the bed on which names of Pragti and Gaurav were written but it was not read by him. 9. PW-5 Vipin Kumar Tiberewal, deposed that on 27.2.2010 at about 7:30 AM, a call came on the cell phone of Jayati. He was re-examined by the learned A.P.P. He admitted that paper was lying by the side of the bed on which names of Pragti and Gaurav were written but it was not read by him. 9. PW-5 Vipin Kumar Tiberewal, deposed that on 27.2.2010 at about 7:30 AM, a call came on the cell phone of Jayati. It was call of accused and he was making call through the cell phone of Pragati. The accused told Jayati that he and Pragati were together at Shimla and they intended to go to Dharamshala. On 27.2.2010 at about 7:30 PM, ASP, Shimla rang him on the cell phone and informed that Pragati had been murdered at Shimla and he should come to Shimla. He came to Shimla on the intervening night of 27th/28th February, 2010 at about 2:30 AM. 10. PW-6 Binder Singh deposed that he brought the accused and deceased to Shimla in vehicle bearing No. DL-1YA-0259 at 2:30 AM on 26.2.2010. 11. PW-7 Prem Singh Thamas, has proved Ext. PW-7/B to Ext. PW-7/D, I.D proof of the account holder Pragati. 12. PW-10 Nitin Sharma deposed that on 27.2.2010 at about 1:30 PM, he was in the hotel. Sh. Raj Kumar was Manager. He rang up room No. 26 but no response was received. So, he sent him to room No. 26 to check. He went there and rang the door bell. He also knocked the door. He found the door locked from outside. He came to reception and told Raj Kumar about the same. He alongwith Raj Kumar opened the door with duplicate key. They went inside and found dead body of girl lying on the bed. Raj Kumar informed Rajeev Sood, MD of the hotel. Rajeev Sood then informed the police. In his cross-examination, he deposed that one paper was found on which names of accused and girl were written. It was suicidal note which the police were reading. The Court question was put to him. He could not narrate the contents of the paper he overheard. He was also re-examined by the learned PP. He admitted that he has not gone through the suicidal note which was in the room. 13. PW-11 Jayati Tibrewal, deposed that she went to the hostel of Pragti on 26.2.2010 at about 7-8:00 AM. Her room was locked. On 26.2.2010 at around 11-12:00 day time, she rang her up on her cell phone. He admitted that he has not gone through the suicidal note which was in the room. 13. PW-11 Jayati Tibrewal, deposed that she went to the hostel of Pragti on 26.2.2010 at about 7-8:00 AM. Her room was locked. On 26.2.2010 at around 11-12:00 day time, she rang her up on her cell phone. She appeared terrified. Then her cell phone was taken by the accused. She rang up her Uncle Vipin Tibrewal at Patna. He came to Delhi in the evening of 26.2.2010. 14. PW-12 Vinay Kumar Tibrewal is father of deceased Pragti. She was student of IIT Delhi in the year 2010. On 26.2.2010 at about 3:00 PM, he was in his shop at Patna when he received a call from the mobile cell of Pragati. However, the bell went on ringing. As such, he took the call. The caller was some male but he could not get as to what he was saying. He disconnected the call and again rang up on the same number. The phone was picked up by accused and he told him that he was boy friend of Pragati and he had killed her. In his cross-examination, he admitted that accused and Pragati were in love. 15. PW-13 Rajinder Bhagra deposed that knifes Ext. P-33 and P-34 were not from his shop. 16. PW-14 SI Viri Singh deposed that accused removed his T shirt in his presence and handed over to the I.O. The T-Shirt was carrying blood stains. It was taken into possession vide memo Ext. PW- 14/A. 17. PW-16 Ramesh Chand, deposed that on 27.2.2010 at about 1:00 PM, accused came to their hotel and booked room No. 106. He made entries in the visitor register. He left the hotel at around 3:00 PM. He has given the extract of visitor register to the police vide Ext. PW-2/A. 18. PW-18 Vivek Tyagi deposed that on 26.2.2010, he alongwith Jayati went to IIT complex, Delhi in search of Pragati, however, she was not found there. On the same late evening, uncle of Pragati came. They went to Police Station Basant Vihar. He received a call from Pragati and he inferred that Pragati was very much disturbed. 19. PW-21 Shashi Mathur deposed that as per the record, the deceased attended the lecture in their Institute forenoon on 25.2.2010 and after that she did not return. 20. On the same late evening, uncle of Pragati came. They went to Police Station Basant Vihar. He received a call from Pragati and he inferred that Pragati was very much disturbed. 19. PW-21 Shashi Mathur deposed that as per the record, the deceased attended the lecture in their Institute forenoon on 25.2.2010 and after that she did not return. 20. PW-2 HHC Om Parkash deposed that on 27.2.2010, he accompanied Insp. Gurdeep Singh Dhillon, SHO, PS West to Rasik Hotel Kaithu. He recorded the statement of Raj Kumar vide Ext. PW-4/A under Section 154 Cr.P.C. 21. PW-28 ASI Sanjeev Kumar has deposed in his crossexamination that accused was having bag in which two bottles of Phenyl were found. 22. PW-30 ASI Gian Chand deposed that accused produced blood stained T-Shirt before the SHO in his presence and SI Viri Singh vide memo Ext. PW-14/A. 23. PW-31 Dr. B.R.Rawat, proved report of the FSL vide Ext. PW- 31/A. 24. PW-32 Dr. Vidya Prakash Madhiak, has noticed the following injuries on the person of accused: “1. Lacerated wound on ventral aspect of wrist left measuring 5 cm covered with clotted blood, serious discharge present, 2 to 3 attempts similar sizes parallel to each other have been made skin deeply. 2. One single laceration on dorsal aspect of wrists and hand about 6 cm curved in shape covered with clotted blood. Only superficial layer of skin has been scratched. 3. Left side hand on dorsal aspect on mat corporal joint 2 cm x 8 mm skin ragged. Superficial layer of skin ragged and dull in colour and area is covered with clotted blood. 4. A round burnt injury on dorsum of hand 7 cm of dia skin burnt and area is pillions in shape. 5. Lacerated wound right big toe, toe stained with clotted blood on the nail bed corresponding to nail 4 cm in size. 6. There are four lacerations on the medial aspect of left ankle of similar size and shape, clotted blood present.” According to him, the injuries No. 1 & 2 were self inflicted. Injury No. 3 was with teeth. Injury No. 4 was burning due to cigarette. He issued MLC Ext. PW-32/A. In his cross-examination, he admitted that in case a person makes attempt to commit suicide, he would cause injuries on wrist, chest and throat or will try to consume poison. 25. Injury No. 3 was with teeth. Injury No. 4 was burning due to cigarette. He issued MLC Ext. PW-32/A. In his cross-examination, he admitted that in case a person makes attempt to commit suicide, he would cause injuries on wrist, chest and throat or will try to consume poison. 25. PW-33 SI Anil Kumar deposed in his cross-examination that he has not noticed any injury on the person of accused when he arrested him. 26. PW-35 Dr. Piyush Kapila deposed that on 28.2.2010, an application vide Ext. PW-35/A was presented to Professor & Head of the Forensic Medicine Department, for conduction of the post mortem examination on the dead body of the deceased. He issued final report Ext. PW-35/F. The probable time which might have elapsed between injury and death was opined to be immediate and that between death and post mortem was opined to be around 40 hours. The deceased died due to ante mortem pressure on neck. The injuries could be caused by weapon Ext. P-33 and P-34. These injuries were unlikely to be self inflicted. PW- 35 Dr. Piyush Kapila, has noticed the following ante mortem injuries: “Head 1. 3x3 cms circumscribed bruise with swelling bluish present just over right eye brow, on right side of forehead, 1.5 cm from midline with faint bluish discoloration around right eye. (Contusion as was incised for confirmation). 2. 2x1.5 cm circumscribed scalp swelling present on back of scalp over right side 2.5 cms lateral to midline and occipital protuberance, incised and confirmed as scalp contusion. 3. 2x2 cms circumscribed scalp injury 1 cm below injury no. 2 written above (incised and confirmed scalp contusion). Face. 4. Contusion 0.25 x 0.25 cm on left side of ala of nose with overlying abrasion blue and brownish respectively. 5. Mucosa on the vestibular side of lower lip lacerated and contusions present on both sides of inner aspect of mouth. 6. 1 cm scratch abrasion was present over chin transverse, reddish. 7. 2 cm scratched abrasion was present over skin on left angle on mandible, reddish. Beck: Dried clotted blood was present (flaked) over right side of neck. 8. 1 x 1 cm contusion present on upper part of right side of neck, 1 cm lateral from midline with 0.5 cm abrasions overlying, bluish. 9. 1 x 1 cm abrasion was present in midline of neck curved over left side, brownish. 10. Beck: Dried clotted blood was present (flaked) over right side of neck. 8. 1 x 1 cm contusion present on upper part of right side of neck, 1 cm lateral from midline with 0.5 cm abrasions overlying, bluish. 9. 1 x 1 cm abrasion was present in midline of neck curved over left side, brownish. 10. On dissection of neck 3x1 cm contusion was present in stern hyoid muscle of left side and also on the right and left sternothyroid muscle on the lower border of thyroid gland. 11. 5.5 x 1 cm spindal shaped incised wound was present with clean margins and clotted blood around on right side of neck, skin deep starting from 9 cm lateral from midline, placed obliquely transverse, 6 cm above suprasternal notch, below thyroid cartilage, directing right side to left, tailing present at left end. 12. 4x0. 5 c, abraded incision was present in superficial layers of skin, starting from midline towards left side (tailing on left most end) with 1 cm normal skin between injury no. 11 and 12, slightly directing upwards with clotted blood around. 13. 4.5 x 0.5 cm scratched abrasion was present ½ cm below injury No. 12 written above directing obliquely upwards from right to left side with tailing scratch, reddish. 14. Multiple scratch abrasions of varying sizes and multiple directions around injury no. 11, 12 & 13 were found, reddish in colour: Right Arm: 15. 13.5 cm x 1.25 cm (at the broadest upper end) yellowish serrating patterned scratch deepest at lower end (distally) on medical aspect of arm 7 cm from tip of shoulder directing medial of lateral side. 16. Multiple scratched abrasions of various sizes and shapes were present on dorsal aspect of right forearm in an area of 17x 6 cms. 17. 9x2.5 cm (Broadest part) tendon deep incised wound present on ulnar aspect of flexor part of right distal forearm, 2 cm proximal to right wrist without hesitational marks, drawn twice from radius to ulnar side cutting skin, subcutaneous tissue and tendons of flexor aspect cleanly, through and through along with vasculature in the vicinity. 18. 17. 9x2.5 cm (Broadest part) tendon deep incised wound present on ulnar aspect of flexor part of right distal forearm, 2 cm proximal to right wrist without hesitational marks, drawn twice from radius to ulnar side cutting skin, subcutaneous tissue and tendons of flexor aspect cleanly, through and through along with vasculature in the vicinity. 18. A single slash with serrated margins cutting tip of middle finger, base of distal phalanx of ring finger and base of distal phalanx of little finger obliquely on palmar aspect, muscle deep with clotted blood around measuring 1 cm and ½ cm respectively, deepest part being at index finger (defence wound). 19. 1 cm x ½ cm incised wound was present on dorsal aspect of left wrist on ulnar styloid, oblique, directing ulnar to radial side with clotted blood trailing towards thumb. Multiple scratched abrasions of various sizes and shapes directing everywhere all over the back, mainly over right side of back of chest, including gluteal regions, brownish and yellow. (Consistent with broken pieces of glass.)” 27. PW-37 Insp. Gurdeep Singh was the I.O. According to him, the articles lying in the room were taken into possession, including two knives vide memo Ext. PW-4/E. Sketches were also prepared. The TShirt worn by the accused was also taken into possession vide memo Ext. PW-14/A. 28. DW-1 Roopa Murghai deposed that in August, 2007, three girls had brought Pragati to her office. They disclosed that Pragati was trying to commit suicide. She counseled Pragati. She proved personal counselling record sheet Ext. DW-1/B. However, in her cross-examination, she admitted that DW-1/B does not bear any signatures. She also admitted that Pragati has not made any attempt to commit suicide in her presence. 29. The accused has appeared as DW-2. He deposed that on 25.2.2010, deceased told him on phone that her parents were not agreeing for their marriage, so she was depressed and he went to Delhi from where they came to Shimla. While on the way, she shared this fact with common friend Vivek. When he woke up on 26.2.2010, he found Pragati depressed. They consumed liquor and smoke together in the room at Shimla. She was pressurizing him to commit suicide with her. She even wrote a suicidal note. They signed the same. They both started making cuts on their respective wrists and in this process he also burnt his hand with cigarette. When he woke up on 26.2.2010, he found Pragati depressed. They consumed liquor and smoke together in the room at Shimla. She was pressurizing him to commit suicide with her. She even wrote a suicidal note. They signed the same. They both started making cuts on their respective wrists and in this process he also burnt his hand with cigarette. He felt like vomiting and rushed to the bathroom. When he came back, he noticed Pragati was having more injuries on neck and wrist caused by her. She was in tremendous pain and some broken glass pieces were also spread on the bed. He impulsively tried to snatch the knife from her hand and in this process she got some cut on her fingers and then she dropped the knife. She was in pain. He tried to stop blood coming out from her neck with his hands. He also got injuries on his toe and ankle. He then suddenly found her dead. He was confused. He tried to cut his wrist. He was scared. He was also in panic and left Shimla with motive that he would finish himself. He tried to finish himself with Phenyl, however, he failed. In his cross-examination, he admitted that he has never talked to the parents of Pragati about marriage. He also admitted that he has withdrawn some money from the ATM of Pragati. He went to Chandigarh and asked for sleeping pills. He also tried to get sleeping pills at Roorkey. 30. What emerges from the evidence discussed hereinabove is that accused came to Shimla with deceased on 25/26.2.2010. They stayed in hotel Rasik, Kaithu, Shimla. They went outside the room and came back. PW-4 Raj Kumar tried to contact them. However, the door was not opened. PW-4 went to the room with duplicate key alongwith Nitin Kumar. The room was opened with duplicate key. The body of the deceased was lying on the bed. PW-4 Raj Kumar informed the M.D of the hotel. He informed the police. The police reached the spot. The statement of PW-4 Raj Kumar was recorded under Section 154 Cr.P.C. vide Ext. PW-4/A. FIR Ext. PW-25/a was also registered. The post mortem was got conducted. The accused was also arrested. 31. It has come in the statement of PW-1 that accused was missing from the Institute from 24.2.2010 onwards. He informed the police. The police reached the spot. The statement of PW-4 Raj Kumar was recorded under Section 154 Cr.P.C. vide Ext. PW-4/A. FIR Ext. PW-25/a was also registered. The post mortem was got conducted. The accused was also arrested. 31. It has come in the statement of PW-1 that accused was missing from the Institute from 24.2.2010 onwards. PW-21 Shashi Mathur deposed that as per the record, the deceased attended the lecture in their Institute forenoon on 25.2.2010 and after that she did not come back. 32. PW-4 Raj Kumar has testified that the accused came to their hotel in their presence. Entry was made in the visitor register. The form was also filled up by the accused. PW-10 Nitin Kumar also deposed that he went with PW-4 Raj Kumar to room No. 26. The room was opened and dead body was found in the room. The guest register Ext. PW-4/R and entry form Ext. PW-4/S have been duly proved. PW-5 Vipin Kumar Tibrewal visited Shimla alongwith PW-11 Jayati Tibrewal after getting the information of the murder of the deceased. The body was handed over to PW-5 Vipin Kumar Tibrewal and PW-11 Jayati Tibrewal. 33. PW-6 Binder Singh, has deposed that he has brought the accused and deceased to Shimla on 26.2.2010 at 2:30 AM. PW-7 Prem Singh Thamas has proved the ATM transactions made w.e.f. 25.2.2010 to 27.2.2010. The blood stained T-shirt was handed over by the accused which he was wearing at the time of arrest in the presence of PW-14 SI Viri Singh and PW-30 ASI Gian Chand. The accused after committing the crime has left Shimla and he went to Chandigarh. He stayed in Hotel Haryana at Chandigarh. The abstract of visitor register was duly proved. PW-16 Ramesh Chand has deposed that accused stayed in room No. 106 at hotel Haryana at Chandigarh. 34. Mr. Ajay Kochhar, Advocate, for the accused has vehemently argued that it was a case of suicide and not homicide. He has relied upon the statement of PW-32 Dr. Vidya Prakash Madhaik. The Court has noticed the demeanor of this witness when his statement was recorded. He was unable to read his own writing on opinion Ext. PW-32/A. The injuries were noticed by him. The nature of injuries recorded by him are simple. From the nature of injuries, it cannot be held that accused has also tried to commit suicide. The Court has noticed the demeanor of this witness when his statement was recorded. He was unable to read his own writing on opinion Ext. PW-32/A. The injuries were noticed by him. The nature of injuries recorded by him are simple. From the nature of injuries, it cannot be held that accused has also tried to commit suicide. He after committing crime has left Shimla and went to Chandigarh and he was arrested at Jagadhari. Moreover, PW-33 SI Anil Kumar has not noticed any injury on the person of accused when he was arrested by him. 35. The post mortem was conducted by PW-35 Dr. Piyush Kapila. PW-35 Dr. Piyush Kapila, has categorically deposed before the Court that the cause of death was due to ante mortem pressure on neck and the probable time elapsed between injury and death was opined to be immediate and that between death and postmortem was opined to be around 40 hours. He has deposed specifically that the injuries received by the deceased were unlikely to be self inflicted. In his cross-examination, he has admitted that sometimes minimum pressure on the neck can cause death and the amount of injuries present on the neck structure depends on the intention of the assailant and homicidal force. He has admitted that usually in cases of homicidal throttling the pressure on the neck can cause the fracture of underlying thyroid-hyoid complex. However, it is not a rule that there must be a fracture of the wounds to ascertain the homicidal throttling. He has also admitted that the fact that the person has died due to pressure on the neck, certainly the mode would be asphyxia and the act would be throttling. He has also denied that a contusion and abrasions as noticed on injury No. 8 & 9 on neck could appear on the person of the deceased in case of self strangulation. He has also admitted that a superficial pressure or a less pressure on neck can cause death due to vagal inhibition. He has denied the suggestion that his opinion regarding asphyxia was contrary to the standard textbooks on medical jurisprudence. He has also admitted that a superficial pressure or a less pressure on neck can cause death due to vagal inhibition. He has denied the suggestion that his opinion regarding asphyxia was contrary to the standard textbooks on medical jurisprudence. He has also noticed 1 x 1 cm abrasion present on midline of neck curved over left side which was brownish and on dissection of neck 3 x 1 cm contusion was present in stern hyoid muscle of left side and also on the right and left stern thyroid muscle on the lower border of thyroid gland. He has denied the suggestion that he has wrongly interpreted the mark on the neck as contusion. 36. The quantity of ethyl alcohol in blood sample was 112.15 mg% and in urine it was 162.72 mg%. In Modi’s Medical Jurisprudence and Toxicology, 24th Edition 2011, at page 451, the learned author has stated that in strangulation, the death is due to asphyxia, but it may be due to other causes, namely, cerebral ischaemia or venous congestion, asphyxia and venous congestion combined, or shock due to reflex cardiac arrest. The author has also opined at page 455 that a person may be first rendered helpless by being bound or rendered unconscious by blows on the head or by intoxicating drugs, and then strangled by a small amount of compression and sometimes strangulation and suffocation by closure of the mouth and nostrils may both be attempted. It has come on record that the deceased has received injuries No. 1 to 3 on head. The possibility of the head of the deceased being banged by the accused on the wall cannot be ruled out. Moreover, when she had consumed liquor, as admitted by the accused himself and the quantity of the ethyl alcohol in blood and urine was 112.15 mg% and 162.72 mg%, respectively, she had become helpless. Thereafter, after rendering the deceased unconscious or helpless, he applied pressure on the neck resulting in asphyxia. The case of the prosecution is duly supported by medical evidence. 37. The injuries have been inflicted by the accused on the deceased as numerous abrasions and other injuries were also noticed on the body of the deceased which made her further helpless. The accused throttled her by pressing her neck. The case of the prosecution is duly supported by medical evidence. 37. The injuries have been inflicted by the accused on the deceased as numerous abrasions and other injuries were also noticed on the body of the deceased which made her further helpless. The accused throttled her by pressing her neck. The accused in his statement under Section 313 Cr.P.C. has admitted that he had come to Shimla and they decided to die together and end their lives. They also wrote suicidal note and signed the same. Under the influence of liquor, they started causing injuries on their respective parts. He as well as Pragati both decided to cut their wrists and in this process burnt his hands with cigarette. He came out of the toilet and saw injuries being caused by Pragati on her neck and wrists. She was in tremendous pain. He tried to stop the blood coming out from the neck. He also received injuries in the process. He found that she was dead. He got confused and terrified and he could not think what he should do in such a condition. He again cut his wrist with the intention to end his life and also tried to control his pain by biting himself on the hand. He suddenly lost consciousness. The moment, he regained consciousness, he got scared and could not take further step to end himself at that moment. He came out in inebriated condition and left Shimla with the only purpose to finish himself. He made attempts to finish himself by consuming Phenyl but could not die. He went to Bhatinda and thereafter to Jagadhari. The version of the accused cannot be believed. If he was in deep love with the deceased, he should have stayed back and called for help. Help was available. Since it has come on record that the persons were present in the reception for 24 hours, he instead of taking care of the deceased, who was in tremendous pain, absconded to Bathinda and then to Jagadhari. 38. Their lordships of the Hon’ble Supreme Court in the case of Kartarey and others vrs. Help was available. Since it has come on record that the persons were present in the reception for 24 hours, he instead of taking care of the deceased, who was in tremendous pain, absconded to Bathinda and then to Jagadhari. 38. Their lordships of the Hon’ble Supreme Court in the case of Kartarey and others vrs. State of U.P., reported in AIR 1976 SC 76 , have held that to be an ‘absconder’, in the eyes of law, it is not necessary that a person should have run away from his home, it is sufficient if he hides himself to evade the process of law, even if the hiding place be his own home. Their lordships have held as follows: “42. Further it is wrong to say that Baljeet never absconded. Contrary to what Baljeet has said in his examination under Section 342. Cr.P.C. the Investigating Officer, P.W. 7, testified that Baljeet was found hiding in a chhappar in the village from where he was arrested. This account of Baljeet's arrest was not challenged in cross-examination. To be an 'absconder' in the eye of law, it is not necessary that a person should have run away from his home, it is sufficient if he hides himself to evade the process of law, even if the hiding place be his own home. We therefore, do not find any ground to distinguish the case of Baljeet from that of Sita Ram and to treat him differently.” 39. Thus, the prosecution has proved the case against the accused beyond all reasonable doubts. There is no occasion for us to interfere with the well reasoned judgment and order of the learned trial Court dated 21.2.2014 and 25.2.2014, respectively. 40. Consequently, there is no merit in this appeal and the same is dismissed.