JUDGMENT : Ajit Singh, J. The sole appellant Naba Ray has been convicted under Section 302 of the Indian Penal Code and sentenced to imprisonment for life and fine of Rs. 5,000/- with default stipulation. 2. The victim of the incident was Toramai Rabha, aged 26 years. 3. According to the prosecution case, Toramai was married to appellant six years prior to the date of incident. They both lived together in a small house at village Sialmari Rongagora, District Goalpara. The house was within the campus of the house of appellant's mother-Narmada Ray (PW-7). The appellant often used to beat Toramai and on 3.10.2011, he not only beat, but also throttled her to death in his house. The information of incident was given to Rabin Nath (PW-1) by the relatives of appellant. Rabin Nath is husband of the sister of Toramai. He naturally rushed to appellant's house, where he found Toramai lying dead on a bed and appellant sitting nearby. He also noticed bleeding through the nose and mouth of Toramai. On his asking, appellant replied that Toramai had hanged herself. Not convinced with the reply, Rabin suspected foul play. He, therefore, made ejahar exhibit 1 at Police Station Dudhnoi against the appellant. Officer In-charge of the Police Station - Gokul Chandra Barman (PW-8) responded by visiting the place of occurrence. And from the place of occurrence, he seized 'orna' (dupatta) Material exhibit 1 of Toramai vide exhibit 2. He then referred the body for post mortem examination and after completing investigation, chargesheeted the appellant for an offence under Section 302 of the Indian Penal Code. 4. During trial, the appellant abjured his guilt and pleaded false implication. He also empathically took the plea that Toramai had committed suicide by hanging herself. But the trial court relying upon the prosecution witnesses convicted and sentenced him as aforesaid. 5. After hearing the learned counsel for the appellant and Additional Public Prosecutor, we are of the considered view that conviction and sentence of appellant under Section 302 of the Indian Penal Code cannot be sustained. This we say so because Dr. Rezaul Karim Saikia (PW-9), who had conducted the post mortem examination testified that Toramai died due to asphyxia caused by hanging. This we say so because Dr. Rezaul Karim Saikia (PW-9), who had conducted the post mortem examination testified that Toramai died due to asphyxia caused by hanging. His this finding is based on the fact that he found broad ligature mark on her neck above the level of thyroid cartilage and on dissection, he also found base of ligature mark was pale, hard and parchment like. Most importantly, the doctor clearly discovered a knot mark behind the left ear of Toramai. The doctor even proved his post mortem examination report in this regard as Exhibit-4. The evidence of Dr. Rezaul Karim Saikia thus fully corroborates the defence of appellant that Toramai committed suicide by hanging herself. 6. It is true that prosecution examined Rabini Barman (PW-2) as an eye-witness, who lived in the neighbourhood of appellant. According to her, on the date of incident she saw the appellant not only indiscriminately beating Toramai, but also gagging her to death. This witness has further testified that appellant had beat his mother Narmada Ray too when she intervened. But we do not find her evidence reliable and truthful because as seen above, Dr. Rezaul Karim Saikia has given a specific finding that Toramai died due to asphyxia caused by hanging. Also not even one simple injury was found by the doctor on the body of Toramai. The evidence of Dr. Rezaul Karim Saikia thus completely belies the statement of Rabini Barman. 7. Chandana Sarkar (PW-3) and Kanika Sarkar (PW-4) are also neighbours of the appellant. Kanika Sarkar says that appellant used to assault Toramai and on the date of incident also, he had quarrelled with her. But in the cross-examination, she admitted that she did not witness the occurrence. Chandana Sarkar says that although she did not see appellant assaulting Toramai on the date of incident, she had heard a commotion in their house. According to her, on the date of occurrence, around 1.30 p.m. also she had heard Toramai shouting and later at about 7.30 p.m., appellant crying loudly "Oh mother, Oh mother". Chandana Sarkar has further testified that appellant had assaulted his mother Narmada Ray also. Kanika Sarkar says that appellant used to assault Toramai and on the date of incident, both had quarrelled. She however denied having seen the incident and was declared hostile by the prosecution. Admittedly, both these witnesses have not seen the appellant assaulting Toramai. Chandana Sarkar has further testified that appellant had assaulted his mother Narmada Ray also. Kanika Sarkar says that appellant used to assault Toramai and on the date of incident, both had quarrelled. She however denied having seen the incident and was declared hostile by the prosecution. Admittedly, both these witnesses have not seen the appellant assaulting Toramai. At best, it can be said that they heard a quarrel in the house of appellant. But Narmada Ray (mother of appellant) who lived in the same premises has categorically testified that appellant neither assaulted her nor his wife Toramai. Therefore, from the evidence of these witnesses it can only be said that there was a quarrel in the house of appellant with Toramai due to which later she committed suicide. And for quarrel in the house with Toramai, the appellant cannot be convicted under Section 302 of the Indian Penal Code. 8. Lastly, Janardhan Rabha (PW-5) has stated that appellant had confessed to him that he pressed the neck and gagged Toramai to death. Even the evidence of this witness is not reliable and trustworthy because as seen above it is established from the post mortem examination report that Toramai died due to hanging and not by throttling. 9. We, therefore, set aside the conviction and sentence of the appellant. The record reveals that he has already undergone more than 6 years of imprisonment. He, therefore, be released forthwith from jail. 10. Appeal is allowed.