JUDGMENT : Aparesh Kumar Singh, J. 1. Heard learned counsel for the appellant and learned A.P.P. for the state. 2. The sole accused-appellant herein on being convicted for the offence under Section 302 of the Indian Penal Code for committing murder of his wife-Pano Kisku and on being sentenced to undergo imprisonment for life with a fine of Rs. 100/-, in default thereof, to further undergo imprisonment for a period of 10 days by the impugned judgment of conviction and order of sentence dated 28.8.2003 in Sessions Trial No. 327 of 2001 passed by learned Additional Sessions Judge, Fast Track Court No. IV, Giridih has preferred the instant appeal. 3. The prosecution story leading to institution of F.I.R by the informant -Guda Kisku, father of the deceased being Gande P.S. Case No. 19 of 2001 under Section 302 of the I.P.C inter-alia is as follows:- The deceased, Pano Kisku along with her husband i.e. the accused Sona Lal Tudu had arrived at the informant's house at village Mednisara on the occasion of marriage of his son Mohilal Kisku,which was to be performed on 28.4.2001. After the marriage a quarrel took place between the husband and the wife and the accused Sona Lal Tudu decided to return to his home along with his wife. The other villagers namely Heman Hembram and Siru Hembram tried to make him understand but he returned along with his wife in an adamant manner. When being asked he stated that the cause of quarrel would be disclosed once he reaches his home. Thereafter, on 30.4.2001 at about 7 p.m. two persons from chapra village (village of the accused) informed the Informant that his daughter is serious and two doctors are treating her. Thereafter within 10-15 minutes 3 persons came and informed that his daughter Pano Kisku has died. On the next day when the Informant along with other villagers went to Chapra village, he saw the dead body of his daughter on the cot, on perusal of which it appeared that the accused-appellant, Sona Lal Tudu had killed the deceased by strangulation. Thereafter, the instant F.I.R was instituted on his fardbeyan recorded on 1.5.2001 at 11.05 a.m. The accused-appellant was charge-sheeted and after the case was committed to the Court of Sessions, charge was framed under Section 302 of the I.P.C and the trial commenced. 4. Thereafter, the instant F.I.R was instituted on his fardbeyan recorded on 1.5.2001 at 11.05 a.m. The accused-appellant was charge-sheeted and after the case was committed to the Court of Sessions, charge was framed under Section 302 of the I.P.C and the trial commenced. 4. The prosecution has examined altogether 10 witnesses while 3 witnesses were examined on behalf of the defence. The inquest report, Fardbeyan, Formal F.I.R as well as Post Mortem report were also exhibited on behalf of the prosecution. Learned Trial Court found that since there were no eye witnesses to the occurrence, the prosecution story depended upon circumstantial evidence. After proceeding to scrutinize the material evidence adduced on the point of death of Pano Kisku by throttling available in the form of P.W.10, Dr. Prem Das who conducted the postmortem as also the postmortem report, the learned Trial Court after considerable analysis on the subject in line with the medical jurisprudence found no ambiguity about the cause of death i.e asphyxia due to throttling. Learned Trial Court also considered the depositions of the P.W.S and even the statement of the accused examined under Section 313 Cr. P.C which supported the fact that the accused and his wife had come to the house of the Informant to attend the marriage of his son Mohilal Kisku at village Mednisara which was to be held on 28.4.2001 and had also gone in Barat and returned on 29.4.2001. The learned Trial Court found from the statements of P.W.1 to P.W.7 that on 29.4.2001 after the Barat returned in evening there was some altercation between the accused and his wife, the cause of which however were not known to the P.W.s, though the accused had denied such altercation in his statement under Section 313 Cr. P.C. The learned Trial Court also found that the accused along with his wife had left the Informant's house for their village home on 30.4.2001 as per the statements of the P.W.s. On the same day in the evening information came to the Informant-father that his daughter was serious and thereafter she also died. P.C. The learned Trial Court also found that the accused along with his wife had left the Informant's house for their village home on 30.4.2001 as per the statements of the P.W.s. On the same day in the evening information came to the Informant-father that his daughter was serious and thereafter she also died. The Informant-P.W.7, Guda Kisku also stated that on account of lack of conveyance he could not go to his daughter's house in the night but on the next morning on 1.5.2001 the informant party went to the matrimonial house of his daughter, Pano Kisku where he found the dead body of his daughter, where after the police was informed. P.W.1, P.W.4 to P.W.7, all have stated that there was black mark on the neck of the deceased while P.W.1, P.W.4, P.W. 5 and P.W.7 also stated that blood was coming from mouth. P.W. 5 also stated that he found froth coming from her nostrils. 5. The Investigating Officer-P.W.8 in his deposition had also stated that after hearing rumours at 10.20 a.m. that somebody has killed his wife at village Chapra, he proceeded to the house of the accused after making entry in the Station diary. There the dead body was found and fardbeyan of Guda Kisku was recorded. The Investigating Officer also stated that he inspected the place of occurrence and prepared the inquest report on the same day and took statements of the Informant and other witnesses, Makardan Kisku, Babloo Kisku, Girish Hembrem and Siru Hansda. He also stated that the F.I.R was lodged on the same day at 3 p.m. after he returned to the Police Station. He had proved the inquest report, fardbeyan, formal F.I.R as well. P.W.9, a formal witnesses has proved the postmortem report. 6. Learned Trial Court after analyzing the evidence adduced by the prosecution, which had certain minor discrepancies found it reliable to come to the conclusion that the accused/appellant after altercation at the house of Informant with his wife had proceeded for his village, Chapra and had not disclosed the reason of his quarrel to the people there at the Informant's house despite their insistence. He rather stated that he would disclose the reason only after reaching his house. He rather stated that he would disclose the reason only after reaching his house. Learned Trial Court found that the plea of diahorrea taken in respect of the deceased to explain the incidence was not worth credence as on the same date the accused along with his wife had left i.e. 30.4.2001 from the Informant's house and the deceased had died on the same evening. Considering the nature of the injuries found in the postmortem report as stated by the P.W.10, Dr. Prem Das and on having found fractured tracheal ring, learned Trial Court found the chain of circumstances complete to lead to the only conclusion that the accused-Appellant had killed his wife by throttling. 7. We have scanned through the material evidences as the first Court of Appeal. The chain of circumstances as has unfolded through the evidence brought on record by the prosecution show that the accused-Appellant along with his wife had gone to the Informant's house to attend the wedding of son of the Informant which was to be held on 28.4.2001. After the Barat returned on 29.4.2001, there was quarrel between the appellant and his deceased wife and despite intervention by some of the villagers namely Heman Hembram, Siru Hansda, the accused-appellant did not disclose any reason, instead was adamant to take his wife back to his house and only thereafter disclose the reason for the quarrel. As it transpires, the accused-appellant returned on 30.4.2001 to his village Chapra along with his deceased wife and on the same evening the information came to the Informant that the deceased was seriously ill followed by the news that she had died. Since, it was night when the news of death came, the Informant-P.W.7, Guda Kisku along with other persons from his village namely P.W.1, Rasilal Kisku P.W.4, Babloo Kisku, P.W.5, Makardan Kisku and P.W.6, Sahebram Kisku went to the matrimonial house of the deceased, Pano Kisku on 1.5.2001 and all of them found black mark on the neck of the deceased. We have also gone through the postmortem report and the deposition of Dr. Prem Das, P.W.10 who conducted the postmortem examination on the body of the deceased. The postmortem report showed froth at mouth and nostrils; on dissection:-neck-hyoid bone and all the cartilages intact. We have also gone through the postmortem report and the deposition of Dr. Prem Das, P.W.10 who conducted the postmortem examination on the body of the deceased. The postmortem report showed froth at mouth and nostrils; on dissection:-neck-hyoid bone and all the cartilages intact. Tracheal rings fractures, tracheal wall had effusion of blood; chest-lungs were congested, heart right chamber contains blood clot, left chamber was empty; Liver, Spleen, Kidney intact and congested; stomach contained black colour fluid, its wall was congested. The cause of death as opined by the Medical Officer is asphyxia caused by throttling. The viscera sent to the forensic laboratory contained whole of the stomach and its contents, portion of lungs, liver, spleen, kidney, heart and small gut. Though, learned senior counsel for the appellant has tried to dispute the cause of death by asphyxia on the ground that the defence witnesses had stated that the deceased was suffering from diarrohea and had also been treated at home with herbs, which was the reason for certain black coloured fluid in the stomach of the deceased, but this in no way explains the fracture of tracheal rings and the cause of death as asphyxia on account of throttling. The deceased admittedly was in the house of the appellant-husband having gone there on the same fateful morning in the background of quarrel that took place between them as consistently stated on behalf of several prosecution witnesses including the Informant. Even assumingly that the deceased may be having some stomach upset or diarrohea, but the fracture of tracheal ring and the opinion of the Medical Officer who conducted the postmortem examination that the death was result of asphyxia, clearly goes to complete the chain of circumstances to bring home the charge of murder of his wife, Panu Kisku by the accused -Appellant. 8. Having minutely considered and analyzed the aforesaid material evidence on record , we are of the firm opinion that the prosecution had been able to bring home the charge against the accused-appellant beyond any shadow of reasonable doubt warranting his conviction under Section 302 of the I.P.C. The judgment of conviction and order of sentence of life imprisonment accorded to the accused-appellant therefore warrants no interference in exercise of the appellate jurisdiction. 9. In the result, instant appeal is dismissed.