JUDGMENT : Chander Bhusan Barowalia, J. The present appeal, against the judgment acquitting accused, Tek Chand, under Section 302 IPC, passed by the learned Additional Sessions Judge, Mandi, Camp at Karsog, District Mandi, H.P., in Sessions Trial No.15 of 2010, is maintained by the State of Himachal Pradesh on the grounds that the findings of the Court below are based merely on surmises, conjectures and hypothesis and the Court below has arrived at wrong conclusion without appreciating the evidence on record properly. 2. Brief facts giving rise to the present appeal are that Kubja Devi daughter of Khindu Ram (PW3), was married to accused, as per Hindu rites and customs. Khindu Ram made a telephonic call to the Police Post, Pangana on 16.11.2009 at 10.40 A.M. conveying that Kubja Devi had died during previous night. A.S.I. Brahmu Ram(PW14) went to the spot for verification. He conducted inquest on the dead body and prepared report. Ex.PW-3/A. Photographs of the dead body were got clicked and found that blood was coming out of the nose. The dead body was sent to the PHC, Karsog for post-mortem examination. He wrote an application Ex.PW-14/A to Medical Officer for conducting the postmortem examination of the deceased. PW-17 Dr. Krishan Kumar conducted post-mortem of the deceased on 17.11.2009 at 12.10 PM. He found bruises, abrasions and contusions on the dead body of the deceased. He could not arrive at any conclusion and sent the sutured body to Indira Gandhi Medical College, Shimla for forensic examination. A Board of Doctors comprising of Dr. A.K. Sharma, Dr. Piyush Kapila and Dr. Sangeet Dhillon was constituted for conducting postmortem examination of the dead body. They found injuries on the person of the deceased. The board opined that the deceased had died due to head injury. Viscera was sent for chemical examination. Post mortem report Ex.PW-7/B was prepared. PW-15 Inspector Amar Chand went to the spot for verification of the death. He prepared ruqua Ex.PW-15/A after making inquiry. FIR Ex.PW-12/C was registered, Inspector Amar Chand conducted the investigation and prepared site plan Ex.PW-15/B and recorded the statements of the witnesses as per their versions. Viscera was deposited with PW12 MHC Gian Chand, who made an entry in the register of Malkhana copy of which is Ex.PW-12A. He prepared ruqua Ex.PW-15/A after making inquiry. FIR Ex.PW-12/C was registered, Inspector Amar Chand conducted the investigation and prepared site plan Ex.PW-15/B and recorded the statements of the witnesses as per their versions. Viscera was deposited with PW12 MHC Gian Chand, who made an entry in the register of Malkhana copy of which is Ex.PW-12A. He sent viscera to RFSL, Gutkar on 25.11.2009, through Constable Vinod Kumar vide RC No.141/2009, copy of which is Ex.PW-12/B. He deposited viscera in FSL and handed over the receipt to MHC on return. Final report Ex.PW-7/C was issued in which it was shown that no alcohol/poison could be detected in the viscera. Tatima Ex.PW-4/A and copy of Jamabandi Ex.PW-4/B, were handed over to the Police by PW-4, Upender Singh. Statements of the witnesses were recorded as per their version and after completion of the investigation, challan was prepared and was presented before the learned Judicial Magistrate 1st Class, Karsog, who committed the case to the learned Sessions Judge, from where it was assigned to the Court of the learned Additional District Judge, Mandi. 3. The accused was charged with the commission of offence punishable under Section 302 IPC. He pleaded not guilty and claimed to be tried. 4. To prove its case, prosecution examined as many as 17 witnesses. 5. PW1 Poonam had stated that her house is located adjacent to the house of the accused. She further stated that she heard the noise of a quarrel on the fateful night of 15.11.2009-16.11.2009. She also stated that she could hear the noise of quarrel between accused and his wife and also came to know next day that Kubja Devi wife of the accused had died. The accused had consumed alcohol. Police came to the house of the accused on the day she died and recorded her statement. Further stated that police came after two months on 18th and recorded her statement. In cross-examination she has admitted that the distance between her house and the house of the accused was about 150-200 mtrs. Volunteer said that the voices can be heard. She stated that she did not know that the accused was working at Kinnaur as a Carpenter. Further stated that police came after two months on 18th and recorded her statement. In cross-examination she has admitted that the distance between her house and the house of the accused was about 150-200 mtrs. Volunteer said that the voices can be heard. She stated that she did not know that the accused was working at Kinnaur as a Carpenter. She further admitted that the accused remained away from his home and that the accused used to come to his home at the time of harvesting of the crop and used to remain away during the rest of the year. She denied that Kubja Devi deceased was ill prior to her death and she was suffering from the problem of Thyroid. Self stated that she did not see the deceased for about 5-6 months prior to her death. She admitted that accused, his wife and their children had worked in their fields located adjacent to her house during the whole day prior to the death of the deceased. She further stated that she had not given any statement to the police. She came to the Court in a Jeep. The jeep was of her son in law namely, Prakash. She denied that she was told about her statement today. Shyam Lal is her brother-in-law. She further stated that she did not tell the fact that she had heard the cries to Shyam Lal. Further, she was told this fact to 2-3 ladies, but she could not tell their names. She further denied the fact that Kubja Devi had felled from a tree 2-3 days before the incidence. She further denied that there is steep gradient from Nullah till the road for a distance of about 3-4 kms. She denied the suggestion that Kubja Devi had fallen while going towards her home and that she had not seen her going towards her home. The police made inquiry from her after two months of the earlier inquiry somewhere in the month of January in her house. Police had not made any inquiry from any person. She further stated that the Police official was having three stars. Her signatures were obtained on that statement. She further denied that she had not heard any cries coming from the house of the accused either on the night of incident or 2-3 days prior to the incident. Police had not made any inquiry from any person. She further stated that the Police official was having three stars. Her signatures were obtained on that statement. She further denied that she had not heard any cries coming from the house of the accused either on the night of incident or 2-3 days prior to the incident. She denied that she was making false statement at the instance of the father of the deceased due to enmity to take revenge. 6. PW-3 Khindu Ram was the father of the deceased. He stated that the accused used to beat his daughter under intoxication. He used to advise his daughter. Ramesh Chand informed him telephonically on 16.11.2009 at about 8.00 AM that the deceased was suffering from pain in the stomach. He told his son namely Karam Singh to visit her house, on which his son told that the condition of the deceased was critical, as she was having injuries on her person and she was dead. PW3 telephoned Shami and told him not to burn the dead body till their arrival and also told the fact to the police. He, along with some other villagers, went to the house of the accused and saw that the deceased had suffered injuries. Police came there and prepared inquest of the dead body and report Ex.PW-3/A, which bears his signatures. Police recorded his statement and took the photographs. Further that the police came after about two months and recorded his statement. In cross-examination, he could not tell as to when his daughter was beaten and stated that the accused had beaten his daughter about 4-5 times during her married life. He had not reported the matter to the Police, Panchayat or Court. Accused was working for the last 14-15 years towards Kinnaur. He denied the suggestion that he is deposing falsely. He also denied that the accused used to come to his home during the harvesting seasons. She also used to come to his house. Police made inquiries from the Pradhan and Member of Panchayat. House of the Pradhan is located above the house of the accused at some distance. The statement of Shyam Lal was also recorded by the Police. Statements of Poonam and Kamla were also recorded after post mortem. He denied the suggestion that Kubja Devi had fallen from a tree. Accused and deceased used to reside cordially with each other. House of the Pradhan is located above the house of the accused at some distance. The statement of Shyam Lal was also recorded by the Police. Statements of Poonam and Kamla were also recorded after post mortem. He denied the suggestion that Kubja Devi had fallen from a tree. Accused and deceased used to reside cordially with each other. Self stated that they used to have a quarrel when the accused used to consume liquor. He also denied that Kubja Devi was suffering from thyroid. He denied that the deceased remained admitted in the Hospital. He also denied that she used to take medicine for 1½ years prior to her death. He admitted that accused had taken his elder son with him to teach him the work. The accused was running the house including the expenses for medicine. He denied that she had suffered injuries due to the fall. He does not know that accused, his wife and their children had worked in the field during the day prior to the incident. He had told the police that his son had telephoned him about the critical condition of Kubja. (Confronted with Mark D4 where it is not so recorded). He denied the suggestion that he assumed that Kubja was beaten by the accused on her sudden death and he implicated the accused falsely. He further denied that he had procured Kamla Devi and Poonam as witnesses taking advantage of enmity. He also denied that accused had not told that Kubja was suffering from stomach pain. He admitted that accused called him in his house. He denied that he was informed at 6.00 PM. 7. PW-4 Upender Singh stated that he was posted as a Patwari for the last 5 years in the Patwar Circicle, Jaral. Tatima Ex.PW-4/A and copy of Jamabandi Ex.PW-4/B were prepared by him and the Tatima had been checked by field Kanungo, Toyadhar and he identified the signatures on the Tatima, as he had work with the Kanungo. In cross-examination, he stated that the Tatima was prepared by him at the spot and the place is a hilly terrain. 8. PW-5 Karam Chand stated that he was the brother of the deceased and he visited the house of the deceased as per the instructions of his father and found that Kubja Devi (deceased) was lying on a mat in the kitchen. 8. PW-5 Karam Chand stated that he was the brother of the deceased and he visited the house of the deceased as per the instructions of his father and found that Kubja Devi (deceased) was lying on a mat in the kitchen. She had contusion over her body and blood was oozing out of her nose and mouth. The accused and his children were present in the house. He made a call to his father and called him to the spot. He further stated that the accused used to quarrel with his sister and to beat her under intoxication and she used to come to her parental home and they sent her after advising her. His statement was recorded by the police. In cross-examination, he has admitted that he had not seen any injury on the nose of the deceased. He further denied the suggestion that when the body was lifted from the kitchen to courtyard, the blood started oozing. He denied the suggestion that accused had never beaten his wife (deceased) and she had never visited their house after being beaten by the accused. 9. PW-6 Dimeshwar is the son of the deceased. He stated that he was studying in Class 9th. They are two brothers. His elder brother and father are working as a Carpenter. He further stated that the deceased was his mother. He also stated that his mother fell ill in the intervening night and she told that she was having stomach ache. She went to the kitchen, lit the fire and applied the hot compress to her stomach. She thereafter slept with him. He stated after some time again that he does not know that who was sleeping with him during the night. Dead body of his mother was lying on a mat in the kitchen. He denied that the blood was oozing out of the nose of the deceased. He further stated that his mother had fallen from the edge of the field on the grass bushes and the bushes were not having the thorns. They had applied KHATTA NAMAK on the head and the back of the whole body. He further states that she was not taken to hospital for her treatment and she was to be taken to the hospital in the morning. No guest was there in their house on that day. They had applied KHATTA NAMAK on the head and the back of the whole body. He further states that she was not taken to hospital for her treatment and she was to be taken to the hospital in the morning. No guest was there in their house on that day. He further stated that their house is at lonely place. Self stated that their house is above the house of their uncle, which is at a distance of 5 Kms. His father provides them maintenance and there is none to help them in the absence of their father. He denied that he is deposing falsely to save his father. He further stated that his father used to beat the deceased in a state of intoxication. Further stated that his father used to consume liquor some time. They did not intimate his grand-father about the fall of his deceased mother in the evening. In cross-examination, he had stated that his mother had fallen from a tree 3-4 days prior to the fall from the edge and that his mother had suffered small contusion. He further deposed that his father was working in Kinnaur for 15-16 years. He used to come after 3-4 months and used to bring the Ration to them. His father had visited the house 2-3 days prior to the death of his mother. When they came to know that his mother had died, she was removed from the cot to the kitchen. When she was taken out of the kitchen, blood started oozing out. 10. PW-7 Dr. Piyush Kapila conducted postmortem examination of the deceased, who in cross-examination has stated that the injuries noticed by him could not have been caused by way of a fall from a tree and subsequent rolling because in such case the number of abrasion would be more than what was noticed by them. The injury No.15 i.e. ½ x 1/2cm red crusted abrasion was present on occipital area in midline and 1 cm contusion was present on scalp underlying the abrasion, could not have been caused by way of fall from height because there was no contre-coup lesion present in the brain. He denied that this injury could have been caused by way of fall in the similar circumstances as suggested by the prosecution because the other injuries would be absent in such circumstances. He denied that this injury could have been caused by way of fall in the similar circumstances as suggested by the prosecution because the other injuries would be absent in such circumstances. It is possible that injuries might have been sustained in two separate incidents spreading in 72 hours. He further stated that there was no fracture. The possibility of sustaining fracture depends upon the circumstances and it is not necessary that there should be fracture of skull in all the cases. He denied that he had given wrong answers to the suggestion of the defence counsel. Dr. Piyush Kapila (PW7) furnished list of antemortem injuries present in his statement, which are as under:- “1. 13x4 cm bluish contusion on right lateral aspect of mid-thigh area around 10 cms above right knee. Confirmed by giving cruciate incision, photographs were taken after incision at autopsy. 2. 12x7cm bluish contusion was present on right gluteal area. (Confirmed by incising it). 3. 7x5 cm bluish contusion present over lower 1/3rd of right thigh area 6 cms above right knee. (Confirmed by incising it). 4. 1x1 cm abrasion over lateral aspect of front of knee on right side, reddish was present. 5. 2x2 cm contusion w as present over right knee middle and medial aspect. 6. 1x1 cm small round bluish contusions on medial aspect of right shin in midleg region. (confirmed by incising it). 7. 8x7 cms reddish blue contusion present on left thigh and gluteal region on lateral aspect. (Confirmed by incising it). 8. 8x2 cm reddish blue contusion was present on back of left upper thigh 3cms below injury No.7 detailed above. (Confirmed by incising it). 9. 7x 2.5 cm blue contusion was present over lateral aspect of mid-thigh of left side. (Confirmed by incising it). 10. 8x3 cm blue contusion was present over dorsal aspect of lower forearm and wrist with swelling. Small abrasions present over ulnar aspect reddish with crusting present. 11. 5x 4 cm reddish blue contusion was present over and proximal to right elbow area. (Confirmed by incising it). 12. 4x 2 cm reddish blue contusion was present over dorsal aspect of right elbow and on forearm. (Confirmed by incising it). 13. 2x 1 cm reddish blue contusion was present over dorsal aspect of mid forearm. (Confirmed by incising it). 14. ½ x ½ cm small bluish contusion was found on upper shin area of left leg. 12. 4x 2 cm reddish blue contusion was present over dorsal aspect of right elbow and on forearm. (Confirmed by incising it). 13. 2x 1 cm reddish blue contusion was present over dorsal aspect of mid forearm. (Confirmed by incising it). 14. ½ x ½ cm small bluish contusion was found on upper shin area of left leg. (Confirmed by incising it). 15. ½ x ½ cm red crusted abrasion was present on occipital area in midline and 1 cm contusion was on scalp underlying the abrasion. 16. ½ x ½ cm contusion of scalp was present 5 cm towards right side of injury No.15 stated above. (Confirmed by incising it). No fracture of skull or base of skull was present. 17. Moderate subdural hemorrhage was found around 20 ml on occipital area with edema of brain.” Both eyes were congested. No injury over face, nose (Nose Pin was intact: no abrasion or laceration was present) lips and gums was found. No injury was found over neck. However, greenish discoloration was found. After neck dissection no injury or contusion in the underlying subcutaneous tissues or muscles was found. Thyroid gland was enlarged and was reaching upto superior mediastinum (Upper Chest) measuring 12 x 8 bulging forward, rounded swelling grossly. No clothes were present over body and were received in white cloth. Abrasions mentioned as 8X4 cm over right scapular area is not present. No fracture of skull was present. Subdural hemorrhage as detailed earlier found. No laceration of lips and gums was found. Around 50 ml of fluid was found in stomach. Mucosa of stomach appeared to be congested without any peculiar smell. 2x2 cm contusion was found over ileum around 2 feet proximal to iliocaecal junction. The bladder was empty. Viscera was preserved for chemical examiner. After conducting postmortem examination the board members agreed to opine that the deceased died as a result of head injury. However, the final opinion was kept pending for want of chemical examiner’s report. The probable time, which might have elapsed between injury and death was opined to be delayed and that between death and postmortem was opined to be around 2-3 days (60 hours). 51 photographs were taken by a digital camera during autopsy and was handed over to police on a compact disc. Dr. A.K. Sharma and Dr. The probable time, which might have elapsed between injury and death was opined to be delayed and that between death and postmortem was opined to be around 2-3 days (60 hours). 51 photographs were taken by a digital camera during autopsy and was handed over to police on a compact disc. Dr. A.K. Sharma and Dr. Sangeet Dhillon issued a postmortem report Ex.PW7/B, which was in his hand and bears signatures of all the Board members with their respective official seals. He issued a final report Ex.PW7/D. The probable duration of the injuries and death was between three hours to seventy hours. He further deposed that the injuries could have been caused by means of kick and fist blows. The Injury No.15 could have been caused by striking the head against the ground or against some hard surface while assaulting a person. 11. In his cross-examination, he deposed that the injuries noticed by him could not have been caused by way of a fall from a tree and subsequent rolling because in such cases the number of abrasion would be more than what was noticed by them. This injury could not have been caused by way of a fall from height because there was no contre-coup lesion present in the brain. He denied that injury No.15 could have been caused by way of a fall in the similar circumstances as suggested by the prosecution because the other injuries would be absent in such circumstances. It is possible that injuries might have been sustained in two separate incidents spreading in 72 hours. The possibility of sustaining fracture depends upon the circumstances and it is not necessary that there should be fracture of skull in all the cases. 12. PW8 Champa Devi deposed that the deceased was her cousin mother-in-law. About two years prior to her death, she was present in her house. She was putting her child to sleep. She heard cries. She came out. The cries were coming from the house of Tek Chand. Kubja Devi was crying. She saw that Tek Chand was beating Kubja Devi with a stick. She told her real mother in law to go as Kubja Devi was being beaten. She further told her that Tek Chand was beating Kubja with a stick. If she would die, all the villagers would be implicated and she should be saved. Kubja Devi was crying. She saw that Tek Chand was beating Kubja Devi with a stick. She told her real mother in law to go as Kubja Devi was being beaten. She further told her that Tek Chand was beating Kubja with a stick. If she would die, all the villagers would be implicated and she should be saved. Her mother in law told Tek Chand not to beat Kubja and in case of death all the villagers would be implicated. Tek Chand threatened her mother-in-law and asked her to go away. Her children started crying and therefore, she could not go. The accused used to consume liquor and beat his wife. She came to know on the third day that Kubja Devi had died. In cross examination, she deposed that Kubja Devi was daughter of her distant maternal uncle. She denied that her maternal uncle and the maternal uncle of Kubja were cousins. Police had recorded her statement after four days of death of the deceased. She had told the police that Tek Chand accused was beating Kubja with a stick and she had sent her mother in law to save the deceased. She further deposed that she had told the police that she also told her mother in law that Kubja should be saved otherwise the whole villagers would be implicated. She had also told the police that her mother in law went down where the accused threatened her. She had told the police that accused used to beat his wife in a state of intoxication. (Confronted with Mark D-5 where these are not recorded.). Kamla Devi is resident of Panjalu. Accused is the resident of village Mandoli. She admitted house of Tek Chand was not visible from the house of Kamla Devi. She denied that her house is ahead of house of Kamla Devi. She reside in the house of her father in law namely Mani Ram. She further denied that the house of Mani Ram is ahead of house of Kamla after crossing the Nullah. Self stated that her house was between the house of Kamla and house of accused above the house of accused. She admitted that her house is nearer to the house of accused than the house of Kamla. It is incorrect to suggest that her house is at a distance of 1½ Kms from the house of the accused. Self stated that her house was between the house of Kamla and house of accused above the house of accused. She admitted that her house is nearer to the house of accused than the house of Kamla. It is incorrect to suggest that her house is at a distance of 1½ Kms from the house of the accused. She denied that it is not possible to see and hear the occurrence taking place in the house of Tek Chand from her house. She denied that she had come with Khindu Ram who is the father of Kubja Devi. She admitted that Khindu Ram had come to Court. She deposed that her mother and Kubja Devi were the daughters of distant cousins. She denied that she is deposing falsely and that she had not told the police whatever she had told to the Court. She denied that she was propounding a false story. She denied the suggestion that her mother in law never went to the house of the accused and accused had never threatened her. She further denied the suggestion that the accused had never beaten his wife with stick. 13. PW-9 Karam Chand stated that he was running a shop of photographer in the name and style of Mahamaya Studio, Nehri. He had taken the photographs Ext.PW9/A-1 to Ext.9/A-5 on 16.11.2009 in village Mandohli from his digital camera. Those were handed over to the police after printing them. In cross-examination he deposed that the photographs were got printed at Mandi and that he had not taken any receipt regarding the printing charges. 14. PW-10 HHC Dharam Singh proved the entry in the daily diary, whereas PW-11 Vinod Kumar carried viscera to the RFSL, Guttkar on 15.11.2009 in the safe condition and handed over the receipt on his return. He further stated that the case property remained intact till it remained in his custody. 15. PW12 MHC Gian Chand stated that he was working as MHC with whom case property was deposited. 16. PW 13 ASI Lacchi Ram stated that he remained posted at PS Karsog in the year 2010. He put his signatures on the FIR. PW14 ASI Brahmu Ram visited the spot. 17. 15. PW12 MHC Gian Chand stated that he was working as MHC with whom case property was deposited. 16. PW 13 ASI Lacchi Ram stated that he remained posted at PS Karsog in the year 2010. He put his signatures on the FIR. PW14 ASI Brahmu Ram visited the spot. 17. PW 15 Inspector Amar Chand, SHO, P.S., Sundernagar stated that he was present at Nehri on 7.2.2010 for verification of the death of Kubja Devi and prepared ruka Ext.PW15/A and sent it to Police Station after receiving the final opinion of postmortem report. He prepared the site plan Ext.PW15/B on 8.2.2010. He recorded the statements of Kamla Devi, Poonam, Khindu Ram, Yog Raj, Dimeshwar Ext. PW 15/C, as per their version. The accused was arrested. He recorded the statements of Karma Chand. Toya Dhar, Ramesh Chand, C. Vinod Kumar, HC Gian Chand, HHC Devi Singh etc. He prepared the challan on the completion of investigation and presented it before the Court. In cross examination, he admitted that he conducted the inquiry of inquest on 13.12.2009 and recorded the statements at that time. He had not added any thing and had not left any thing from their statements. He admitted that the medical officer at IGMC, Shimla had handed over the postmortem report, dead body and the viscera to the police on the night of 18.11.2009. He does not know that no body had expressed any suspicion about the unnatural death of Kubja to Brahmu Ram. He denied that the father of the deceased had produced his relatives and enemies of accused as witnesses before him. He also denied that he had not found any case for the commission of murder even after interrogating them. He denied that Khindu Ram got exercised political pressure and he had recorded FIR under pressure. He denied that the house of Kamla Devi is located at a distance of 1½ Kms from the house of the accused and the house of the accused is not visible from her house. He also denied that he has prepared a false case against the accused. He has also denied the suggestion that the statements of the witnesses were recorded as per his convenience. 18. PW16 HHC Devi Singh brought the result of postmortem examination from IGMC, Shimla to the Police Station, Karsog. 19. PW 17 Dr. He also denied that he has prepared a false case against the accused. He has also denied the suggestion that the statements of the witnesses were recorded as per his convenience. 18. PW16 HHC Devi Singh brought the result of postmortem examination from IGMC, Shimla to the Police Station, Karsog. 19. PW 17 Dr. Krishan Kumar conducted the initial postmortem examination of the deceased and opined as under:- “There was bruise on gulteal region 10cm x 8 cm bluish black in colour. Bruise on right lateral aspect of thigh 10 cm above right knee having dimension of 5 x 10 cm bluish black in colour. Bruise on posterior aspect of thighs below gulteal region 5 cm x 12 cm. Abrasion over right scapular region 8 cm x 4 cm bluish black in colour. Contusion over left gluteal region 4 x 4 bluish black. Bruise on left lateral aspect 6 cm x 2 cm bluish black in colour linear bruise over left infra scapular region 5x 2 cm. No ligature mark on neck colour of skin purplish on neck with multiple contusions.” Preliminary examination was without conclusion so sutured body was referred to IGMCV, Shimla Forensic Department for specialized opinion. He issued the post mortem report Ext.PW17/A, which bears his signatures. He further stated that the death could have taken place within 24-48 hours of examination. He was not able to give any definite opinion regarding cause of death of the deceased. 20. DW-1 Shyam Lal deposed that he remained Up-Pradhan of Gram Panchayat, Jaral w.e.f. 2000 till 2010. He know the accused. His house was located at a distance of about 100 meters. He also knew the wife of the accused namely Kubja Devi. Accused used to work at Kinnaur for about 10-15 years. He used to visit the village for 7-8 days at the time of harvesting of crop. He had not seen the accused beating his wife. Further he deposed that accused Tek Chand used to pay the expenses of household. The deceased Kubja used to look after the house in the absence of the accused. The accused had not taken liquor with him. He came to know about the death of Kubja in the morning on which he went to her house. He further stated that there was dispute between Poonam and the accused over the boundary. The deceased Kubja used to look after the house in the absence of the accused. The accused had not taken liquor with him. He came to know about the death of Kubja in the morning on which he went to her house. He further stated that there was dispute between Poonam and the accused over the boundary. In cross-examination, he deposed that Police had made inquiry from him. He does not know whether police had recorded his statement Ext.D-3, which bears his signatures. He admitted that Khindu Ram father of the deceased had made a telephone call to him on 16.11.2009 and told him not to burn the dead body. He admitted that he went to the house of the accused. He also admitted that the sons of the accused told him that Kubja Devi had a stomach ache in the night. Ex.D-3 was correctly recorded. No written complaint was filed before his Panchayat regarding the dispute between accused and Poonam and accused and Kamla. Self stated that he was called by Kamla and was told about the dispute. He was taken about 2 months prior to the death. He could not tell the date. He further stated that the name of the brothers of the accused were Mani Ram and Amar Singh. He does not know the names of the wives of the brothers of the accused. Hima Devi, sister-in-law, of the accused had also come to the Court. He took liquor sometimes. Accused also took liquor sometimes. He does not run any shop. Kubja Devi used to perform her household work. She was healthy. He denied that the house of Kamla falls between his house and the house of the accused. Self stated that it was at a distance. He denied that he was at Nihari on 15.11.2009. He denied that he and accused were taking liquor and the accused was saying that he would kill his wife, who was a Randi. Self stated that he was at home on that day and the accused was working in the fields. He is having normal relations with the accused. He deposed that they visited the houses of each other. He also deposed that wife of the accused and his minor child resides in the house of the accused. Further deposed that his brother resides in a different house. He is having normal relations with the accused. He deposed that they visited the houses of each other. He also deposed that wife of the accused and his minor child resides in the house of the accused. Further deposed that his brother resides in a different house. He denied the suggestion that he had cordial relations with the accused and he want to save him. The work of harvesting of crop continues for 7-8 days. He denied that he is deposing falsely about the dispute between accused and Kamla and between Poonam also. He further deposed that the house of Kamla is located at a distance of about one kilometer from the house of the accused. He further denied that Kamla had taken the grassland adjacent to the field of the accused. The houses in the village are scattered. The houses are located on the hills. He deposed that the noise can be heard from their houses in the vicinity. When he reached in the house of the accused, the dead body was lying in the kitchen. He denied that the accused used to beat his wife in a state of intoxication. He further deposed that he was not aware that the wife of the accused went to her matrimonial home many times due to beatings administered to her. He also deposed that the accused and his children told him about the stomach ache and did not tell anything else. 21. DW-2 Himi Devi deposed that the accused Tek Chand is her brother-in-law and Kubja Devi was her sister. Further deposed that accused used to work in Kinnaur. The accused and his wife used to reside cordially. She further deposed that the accused had never given beatings to his wife. Champa Devi was her daughter-in-law. Kubja Devi was maternal aunt of Champa. Kubja and mother of Champa were cousins. Further deposed that Kubja had fallen from tree prior to her death. In cross-examination, she deposed that police had recorded her statement Ex.D-7, which bears her signatures. She stated that Kubja had fallen from a pine tree, which was about two storeys high. The deceased climbed the tree without any help for cutting the wood. She further deposed that pine tree was straight. Kubja fell down from a considerable height. She could not tell where the deceased had suffered injury. She also did not visit her to inquire about her health. The deceased climbed the tree without any help for cutting the wood. She further deposed that pine tree was straight. Kubja fell down from a considerable height. She could not tell where the deceased had suffered injury. She also did not visit her to inquire about her health. She further deposed that the tree was located on a hill and there were fields below the tree having the bushes. She also deposed that she had seen the tree from the distance. It was about 1½ - 2 feet in girth and the deceased had fallen from the tree in the summer season. No person from her family went to the house of the deceased to inquire about her health. She had also denied that Kubja had not fallen from the tree and she is deposing falsely. She also deposed that she had seen the accused taking liquor once or twice. She has denied that accused had beaten his wife and she had gone to her parental home. She further deposed that the deceased is not her real sister. She also deposed that dead body of the deceased was lying in the kitchen. She also deposed that she had not seen the blood coming out of the dead body and that her house is at a distance of ½ kilometers from the house of the accused. The house of Poonam falls between their houses. She denied that Kubja Devi had died due to beatings given by the accused. She further denied that she is deposing falsely to help the accused. She denied that Champa had also seen the accused beating his wife with the stick 2-3 days prior to her death and she sent him to inquire into the matter. She denied that her children started crying and she went to her house, and that Champa told her that accused would kill Kubja and all of them would be implicated. Her daughter-in-law had not visited the house of the accused after the death of Kubja. 22. The falsehood of the defence is clear that had she received injuries so grave, which caused her death three days after, she could not have worked whole of the day in the field two days after receiving the injuries. 23. Her daughter-in-law had not visited the house of the accused after the death of Kubja. 22. The falsehood of the defence is clear that had she received injuries so grave, which caused her death three days after, she could not have worked whole of the day in the field two days after receiving the injuries. 23. Further, the defence has exaggerated their case, when DW-2 Himi Devi has stated that the deceased has fallen from a tree as high as two storeyed building and being sister of the deceased and sister-in-law of the accused and residing in the same vicinity, neither she nor any member of her family had gone to inquire about the health of the deceased and especially when it has come on record that she was having good relations with the family of the accused and the deceased. So, the theory of the defence that she fell from the tree is improbable. The defence has also taken summersault and stated that she died because she also received injuries after falling from the bead (boundary between two fields). This theory is also improbable and cannot be believed. Thus, this Court has to go into the circumstantial evidence coupled with the evidence of PW-1, PW-8 and PW-3 respectively, as discussed hereinabove. The circumstances are that the accused and deceased were in the house, they had quarreled. The second circumstance, which goes against the accused, is that accused has not provided any medical aid to the deceased being his wife and it is also unexpected from a husband that when his wife has fallen from a tree, as alleged in the defence, the husband will not provide medical aid for three days continuously. The third circumstance was that the husband has taken liquor in the evening with Shyam Lal DW-1 and was proclaiming that he will kill his wife by addressing her by bad name as Randi. The next circumstantial evidence is that the dead-body was found in the kitchen of the house and there is no explanation about the fact that when the deceased was dying where was the accused. The next circumstantial evidence is that the dead-body was found in the kitchen of the house and there is no explanation about the fact that when the deceased was dying where was the accused. The circumstances in this case forms a complete chain that there can be no other conclusion but that the deceased wife of the accused has succumbed to the injuries being inflicted by the accused by giving her beatings on that fateful night and the Injury No.15 has resulted into her death. 24. The settled proposition of law with respect to circumstantial evidence is enumerated as under:- “(i) The circumstances from which the conclusion of guilt is to be drawn must or should be and not merely ‘may be’ fully established; (ii) The facts so established should be consistent only with the hypothesis of the guilt of the accused, that is to say, they should not be explainable on any other hypothesis except that the accused is guilty; (iii) The circumstances should be of a conclusive nature and tendency; (iv) They should exclude every possible hypothesis except the one to be proved; and (v) Thee must be a chain of evidence so complete as not to leave any reasonable ground for the conclusion consistent with the innocence of the accused and must show that in all human probability the act must have been done by the accused.” 25. On analyzing the statement of the witnesses, it is found that PW1 Punam Devi has specifically stated that she heard the noise of a quarrel on the fateful night of 15.11.2016-16.11.2016. On the next morning, the dead body of Kubja Devi deceased was found in the Kitchen of the house where the accused and deceased used to live as husband and wife. She was put a specific question by the defence counsel that Kubja Devi deceased was ill prior to her death to which she had denied. She was also put a specific question in defence that Kubja Devi was suffering from Thyroid problem to which she has categorically denied. The prosecution has specifically given the suggestion that Kubja Devi and her children had worked in the fields located adjacent to the house of PW1 on the day prior to death, to which she has admitted. 26. She was also put a specific question in defence that Kubja Devi was suffering from Thyroid problem to which she has categorically denied. The prosecution has specifically given the suggestion that Kubja Devi and her children had worked in the fields located adjacent to the house of PW1 on the day prior to death, to which she has admitted. 26. The case of the prosecution is that Kubja Devi had fallen from a tree 2-3 days before her death and consequence of the injuries Kubja Devi had died and this question was also put to PW1 that Kubja Devi had fallen from a tree 2-3 days prior to her death to which this witness had denied. It is also on record that the house of PW1 is near the house of the deceased and as per the statement of PW1, it is about 150-200 mtrs. 27. PW3 has stated that the accused informed him that the deceased is suffering from stomach ache, but she was found dead by his son, when his son visited the house of the deceased on instructions of PW3. PW3 had stated that the deceased used to beat his daughter (deceased) under intoxication and PW3 used to advise his daughter. He stated that the accused had beaten his daughter 4-5 times during her married life and he had not reported the matter to the police. 28. It is not strange that a father is not reporting the matter to the police, when his daughter is beaten by the son-in-law. This is usually happens, as the parents want their daughter to live peacefully in her in-law’s house and for many factors the parents do not want to create a situation where it is not possible for their daughter to live and so the parents avoid to lodge a police report and not lodging a report with the police by the father of the deceased regarding beatings given 4-5 times by the accused during the married life of the deceased with the accused, cannot be said that the fact of beatings by the accused to the deceased 4-5 times is required to be ignored. The statement of PW3 is the confidence inspiring and was required to be believed by the Court below with respect to the beatings given by the accused to the deceased 4-5 times during her married life. The statement of PW3 is the confidence inspiring and was required to be believed by the Court below with respect to the beatings given by the accused to the deceased 4-5 times during her married life. Again a question was put by the defence to PW3 also that deceased had fallen from a tree 2-3 days ago, to which PW3 has denied. Again, he has specifically denied that the deceased was suffering from Thyroid. He has also denied that the deceased received injuries because of fall. 29. PW5 Karam Chand, who is the brother of the deceased and who saw the dead body of the deceased lying on a mat in the kitchen of the house, when he was instructed by his father to visit the house of the accused and deceased, he saw that the accused and his son were present in the house and blood was oozing out from the nose and the mouth of the deceased at that time. The oozing of the blood from the nose and mouth of his deceased sister at that time makes the story of the defence improbable that the deceased has fallen from a tree 2-3 days back, which has led to her death for the following reasons:- a. that the Doctor PW7, who headed the post-mortem team in the Indira Gandhi Medical College, Shimla, has after noticing many injuries on the person of the deceased and who issued final report Ex.PW7/D, after that all the members of the team signed the post-mortem report Ex. PW7/B, has categorically stated that the probable duration of the injuries and death was between 03 to 72 hours and the injuries could have been caused by means of kick and fist blows. Injury No.15 could have been caused by striking head against ground and against some hard surface while assaulting the person. b. PW1 had heard the noise of quarrel between the accused and the deceased on that fateful night. c. PW8 Champa Devi had also heard cries of Kubja Devi (deceased) on that fateful night, when she was making her child to sleep and she had seen the accused beating the deceased with the stick. She asked her real mother-in-law to go and save Kubja Devi, who was being beaten by accused Tek Chand with the stick. c. PW8 Champa Devi had also heard cries of Kubja Devi (deceased) on that fateful night, when she was making her child to sleep and she had seen the accused beating the deceased with the stick. She asked her real mother-in-law to go and save Kubja Devi, who was being beaten by accused Tek Chand with the stick. She has specifically stated that her mother-in-law should go and save Kubja Devi from the accused, otherwise Kubja Devi will die and all the villagers will be implicated in the matter and when her mother-in-law went and asked Tek Chand not to beat Kubja Devi and asked that in case Kubja Devi dies, all the villagers will be implicated. Tek Chand threatened her mother-in-law. She could not go to the place of occurrence. The statement of PW5 is reliable and believable and after believing the statement of this witness, the theory that the deceased had fallen from the tree and received injuries is not believable. d. The case of the defence itself is that on the following night on which the deceased died, she worked whole of the day in the fields along with her children. She died due to the injuries on the following night, which she received 2-3 days before by falling from the tree, this is improbable. e. In the present case, the injuries on the person of the deceased, as discussed hereinabove and the presence of the accused in the house, the evidence with regard to quarrel between the accused and the deceased and the cries of the deceased at the time when she was administered beatings by the accused on that fateful night and her death as a result of the injuries, specially Injury No.15, the oozing of the blood from the mouth and nose when the body was picked up in the morning proves conclusively without any reasonable doubt that it is the accused, who has caused death of the deceased by inflicting her injuries after giving her severe beatings on that fateful night, the defence put up by the prosecution is a hypothesis to save the accused. 30. Now, the interesting factor, which has come on record by way of examination of the defence witness DW2, Himi Devi that she was telling a lie in such a manner as first of all she disclosed that deceased was her sister, while asking her in examination-in-chief. 30. Now, the interesting factor, which has come on record by way of examination of the defence witness DW2, Himi Devi that she was telling a lie in such a manner as first of all she disclosed that deceased was her sister, while asking her in examination-in-chief. When cross-examined, she told that deceased was her cousin sister. Then also she has stated that deceased was her sister-in-law. Now, the falsehood has no root. She has stated that deceased died because she had fallen from a tree 2-3 days back. Again she stated that the Pine tree was as high as two storeyed building and the deceased was cutting wood, but her statement becomes totally unreliable when she stated that she did not visit the house of deceased after she fell; neither she inquired about the well being of the deceased nor she could tell where the deceased received injuries after fall. 31. Again to corroborate her falsehood, she has stated that tree is located on a hilly place. She again stated that no person of her family visited the house of the deceased to inquire about her health. So, her statement could not be relied upon as at the first instance, she was saying that the deceased was her sister and had fallen from a tree, which is as high as of two storeyed building, she has not inquired about the health of her sister for the last 2-3 days, when residing in the vicinity. 32. Therefore, the net result of the above discussion is that, as per the post-mortem report, the injuries were the result of the beatings and the injuries resulting in death is by hitting of the head of the deceased with the ground or the wall. 33. We would like to add here that the statement with regard to the evidence of the son of the deceased and the accused, who has not supported the prosecution story, but the reading of the statement of the boy (son) clearly shows that this little boy was under such a constant pressure that he could not depose against his father (accused Tek Chand) and at the same time, he could not tell where he was when his mother died. He can only say when he was made to wake up, his mother was found dead and lying in the kitchen of the house. He can only say when he was made to wake up, his mother was found dead and lying in the kitchen of the house. Though, he has also stated that the whole family worked in the fields on the previous day only to save his father. 34. From the facts and circumstances, it is clear that the accused and the deceased were quarrelling on that fateful night in their house. It has also come on record that the accused had consumed liquor in the shop on that day with one Shyam Lal, the witness, who has appeared as (DW1) to save the accused. Thereafter, the accused gave beatings to his wife with stick and blows in such a manner that she received many injuries including the fatal injury No.15 on the head and the blood started oozing from her nose and mouth and she fell down and died. 35. The story of the defence that the deceased had fallen on that day while coming from the fields from one field to another field after completing the work and that has resulted into her death is also not believable at all, as there is nothing on record that the accused or any other family member or any neighbour had visited her house to ask about her well being or any medicines were administered to her from local Doctor or Vaid etc. So also the story of falling from the tree 2-3 days prior to her death, cannot be believed, as no Doctor, Vaid, neighbour or relative had visited the house of the deceased to inquire about her health or administered her any medicine from local area or from medical derivative. Similarly, the statement of the son of the deceased and the accused that the family was applying Khata Namak on that night cannot be believed, as the son of the accused cannot tell when the mother died and due to the situation of the child that he is supposed to defend the living father, this version cannot be believed. 36. Now, on analyzing the act of the accused, it is clear that the accused knew it clearly that the way he is beating his wife, the same will result into her death thereby causing injuries on the person of the deceased and thereafter, she died because of injury No.15. 36. Now, on analyzing the act of the accused, it is clear that the accused knew it clearly that the way he is beating his wife, the same will result into her death thereby causing injuries on the person of the deceased and thereafter, she died because of injury No.15. So, it is clear that the accused had inflicted fatal injury along with other injuries on the body of the deceased, which caused her death. It has also come on record that the quarrel was going on, so taking the factor of the quarrel and the mental state of the accused, it can safely be held that the accused had inflicted many injuries on the person of the deceased knowing fully well that the injuries, which he is causing, will result into the death of the deceased. Therefore, the accused has committed the offence of culpable homicide not amounting to murder. That being the factual position, we are of the considered view that the prosecution has proved the guilt of the accused conclusively and beyond any shadow of doubt under Section 304 Part-II IPC. Accordingly, it is held that the accused is liable to be punished under Section 304 Part-II IPC. The Court below without appreciating the facts correctly in accordance with law has failed to appreciate that the prosecution has proved the guilt of the accused under Section 304 Part-II, IPC conclusively and beyond a shadow of doubt. So, the judgment passed by the Court below is perverse and requires to be set-aside. The accused is required to be convicted under Section 304 Part-II of the Indian Penal Code. 37. Consequently, the appeal is allowed and the accused Tek Chand is convicted under Section 304 Part-II IPC to meet the ends of justice. 38. Thus, considering the factual background of the case, circumstantial evidence on record and our findings, the inevitable conclusion is that the appropriate conviction of the accused would be under Section 304 Part II IPC. Thus, accused Tek Chand now convict is required to be heard on quantum of sentence for the offence punishable under Section 304 Part-II IPC. 39. Let the convict be produced before this Court on 19th August, 2016 by issuing a production warrant.