JUDGMENT : Sureshwar Thakur, J. The instant appeal is directed against the impugned judgment rendered on 30.12.2009, by the learned Sessions Judge, Kullu, District Kullu, Himachal Pradesh in Sessions trial No. 37/2008, whereby the learned trial Court acquitted the accused of the offences charged. 2. The brief facts of the case are that on 14.5.2008 at about 6.25 p.m. the police Post Jari has been telephonically informed that a foreign national woman has been murdered. On receipt of call, the Investigating Officer rushed to the spot and recorded the statement of Gopal Dass (PW-1) under Section 154 of Cr.P.C. Gopal Dass informed the police that he is running snooker corner i.e. billiard room and his wife Maria is running a café namely “Iris Café”. On 14.5.2008 at about 9.10 a.m. three foreigners consisting of one lady and two gents came to his café. All the three aforesaid two Russian and one Italian asked him for accommodation, which was refused by him. The luggage of the foreigners was kept in the corridor. They kept on sitting in the café and PW-1 proceeded to his billiard room. At about 5.00 p.m. the complainant returned to home on the call of his daughter Parvati (PW- 2). On his return he found Italian sitting in the room with a German girl who was wife of one Sunder Singh. The Italian national told the complainant that Russian had gone away but the girl has stayed up there. The voice of the girl was not heard. On this the complainant peeped inside the bath room and found the foreigner lady wrapped in a cloth and her body was motionless. Later on it was found that the foreigner lady was dead. Upon this, he reported the matter to the police. After recording the statement of the complainant, rukka Ex. PW-18/A was prepared. On the basis of rukka FIR Ex. PW-17/B was registered. After registration of the FIR the police swung into action. The site plan Ex.PW-18/B was prepared and spot was video graphed and photographed. The blood stained rope, pieces of gatta, cloth and other articles were taken into possession vide separate seizure memos. The visa and passport of the accused were also taken into possession. The body of the deceased was subjected to post mortem examination. The viscera and blood stained gatta, rope, bag and clothes were sent to FSL, Junga for chemical analysis. The blood stained rope, pieces of gatta, cloth and other articles were taken into possession vide separate seizure memos. The visa and passport of the accused were also taken into possession. The body of the deceased was subjected to post mortem examination. The viscera and blood stained gatta, rope, bag and clothes were sent to FSL, Junga for chemical analysis. Statements of the witnesses were recorded. On conclusion of the investigation, into the offence, allegedly committed by the accused, challan was prepared and filed in the Court. 3. The accused stood charged by the learned trial Court for his committing an offence punishable under Section 302 of IPC to which he pleaded not guilty and claimed trial. 4. In order to prove its case, the prosecution examined 18 witnesses. On closure of prosecution evidence, the statement of the accused, under Section 313 of the Code of Criminal Procedure, was recorded in which he pleaded innocence and claimed false implication. He did not choose to lead evidence in defence. 5. On an appraisal of the evidence on record, the learned trial Court returned findings of acquittal in favour of the accused. 6. The learned Additional Advocate General has concertedly and vigorously contended qua the findings of acquittal recorded by the learned trial Court standing not based on a proper appreciation of evidence on record, rather, theirs standing sequelled by gross misappreciation of material on record. Hence, he contends qua the findings of acquittal being reversed by this Court in the exercise of its appellate jurisdiction and theirs being replaced by findings of conviction. 7. The learned vice counsel appearing for the respondent has with considerable force and vigour contended qua the findings of acquittal recorded by the Court below standing based on a mature and balanced appreciation of evidence on record and theirs not necessitating interference, rather theirs meriting vindication. 8. This Court with the able assistance of the learned counsel on either side has with studied care and incision, evaluated the entire evidence on record. 9. The body of the deceased stood subjected to Post Mortem examination on 15.5.2008 by PW-3 (Dr. Satya Vrat Vaidya) and PW-5 (Dr. N.K Kapoor). The post mortem report (Ex. PW-3/A) stands proven by PW-3 wherein it stands opined by him qua the demise of the deceased being attributable to asphyxia as a result of strangulation. 9. The body of the deceased stood subjected to Post Mortem examination on 15.5.2008 by PW-3 (Dr. Satya Vrat Vaidya) and PW-5 (Dr. N.K Kapoor). The post mortem report (Ex. PW-3/A) stands proven by PW-3 wherein it stands opined by him qua the demise of the deceased being attributable to asphyxia as a result of strangulation. PW-3 in his recorded deposition on oath has underscored therein the occurrence of the hereinafter extracted fractures/wounds/ligature marks as stood detected by him to stand borne on the body of the deceased during the course of his subjecting it to post mortem examination :- EXTERNAL APPEARANCE A female moderately build and nourished, fair complexion, longhair (white skin, foreigner looking) wearing black jacket, white and stripped kurta, black trouser, black underwear and white underwear, green stone beads, necklace and orange brown beaded bracelet on right forearm. Tattoo on left deltoid region, tattoo on left forearm, tattoo on right arm, tattoo on left calf and tattoo on right leg lateral side. Lower limb flexed and hit joint and knee joint. Irregular hypostasis on back. Posterior aspect of the thigh and arms. BRUSIES AND WOUND Irregular multiple abrasion on dorsum of left foot and left lateral mallelous. Pinkish in colour. Multiple abrasion over superior aspect of base of big toe. LIGATURE MARKS One ligature mark about 17 cm in length and about one cm in width, extending from mid line posteriorly on nape of neck to mid line anteriorly below the thyroid bone. Inferior margin is well defined and superior margin is irregular. It shows dark maroonish brown parchment like discoloration on the mid line posteriorly at the nape of the neck. The ligature mark is faint for about two inches extending to the right side. In the front the same ligature mark extends after a gap about one inch towards the right side and is 11 cm long. This mark is irregular in its margin and has parchment like base. On the left side there is another ligature mark nine cm long about ¾ cm wide extending obliquely from approximately two and half inches posterior to angle of mandible and joining the above mentioned ligature mark at approximately the angel of mandible. There is another irregular ligature mark about four cm x one and half cm approximately at the angle of mandible above the ligature mark. There is another irregular ligature mark about four cm x one and half cm approximately at the angle of mandible above the ligature mark. On the right side there are two irregular ligature marks faint in appearance about eleven cm long and one cm wide extending from midline to right side of neck. One from chin along mandible margin and the other just below it. Another contusion mark about three cm x one and half cm approximately at middle of mandible. One irregular mark about four cm anterior to right ear maroonish brown parchment discolored. FACE Face is puffed up and cyanosed with blue lips, bleeding present from nostrils and mouth. Sub conjunctival hemorrhage with blood drops from eyes and bluish cyanosed eye lid. Petichial hemorrhages distributed irregularly over the case. Thorax Plaurae normal. LARYNX AND TREACHEA Blood in trachea and larynx. Right lung was congested and blood in bronchi. Left lung was conjested and blood in bronchi. Pericadium heart, large vessels etc were normal. ABDOMEN Walls, peritoneum NAD. Blood present in mouth. Pharynx, esophagus Stomach and its contents:- Semi digested food articles. Small intestine and their contents. Large intestines and their contends, Liver, Spleen, Kidneys, Bladder and Organ of generation external and internal were NAD. MUSSLES BONES JOINTS NAD 10. The demise of the deceased stands ascribed by the prosecution to the accused. The ascription of an inculpatory role by the prosecution to the accused stands it its entirety harbored upon circumstantial evidence. In a case resting upon circumstantial evidence the prosecution is enjoined to unflinchingly prove each of the links in the chain of circumstances. 11. The ill-fated demise of the deceased stood sequelled by the accused purportedly strangulating her at “Iris Café” located at “Manikaran”. The café aforesaid stands owned by PW-1 (Gopal Dass Verma). On the strength of his testimony besides on the strength of the testimony of PW-2 ( Parvati) both of whom purportedly last saw the deceased in the company of the accused, the prosecution assays to clinch of a finding from this Court of both the accused and the deceased together standing last sighted by them at the café of PW-1 whereat the body of the deceased stood discovered. In sequel with PWs aforesaid lending support to the factum of both the accused and the deceased together standing last sighted at the café owned by PW-1, the prosecution canvasses before this Court of hence a potent link in the chain of circumstances standing firmly established against the accused moreoso when the accused at the stage contemporaneous to the dead body of the deceased standing recovered therein was found missing there from. For gauging the probative tenacity of the depositions of PWs No.1 and 2 qua theirs in their respective depositions underscoring the factum of the accused standing last sighted with the deceased, his alleged wife, at the café owned by PW-1, enjoins this Court to read their testimonies in an incisive, keen and in a wholesome manner. A reading of their depositions on oath in an incisive and wholesome manner would facilitate this Court to discern therefrom whether their depositions comprised in their respective examinations-in-chief are bereft of any inter-se contractions vis-à-vis their depositions existing in their respective cross-examinations whereupon credence would stand imputed to them. Moreover a conjoint reading of their depositions would also empower this Court to discern qua their respective depositions standing imbued with any taint of intra-se contradictions whereupon no credence would be imputable to their testifications. 12. PW-1 has underscored in his examination-in-chief of on 14.5.2008 between 9-10 a.m., the accused who stood identified by him in Court visiting his cafe alongwith his alleged wife (deceased) and an Italian gentleman. He has deposed of the aforesaid requesting him to provide them a room which request stood unacceded by him. However, he deposes of his providing coffee to all the three aforesaid. All the three persons aforesaid stand deposed by him to have kept their luggage in the corridor of his café. He has further deposed of his after serving coffee to them departing for his billiards room situated at a distance of 100-150 meters from his café. He proceeds to depose of his in the evening at about 4-4.30 p.m. on his daughter visiting him at the billiards room, his returning to the café whereat he found one Russian lady, his wife and an Italian thereat. He deposes of his wife apprising him of the accused present in the Court departing from his café and the lady not vacating the room rather continuing to stay therein. He deposes of his wife apprising him of the accused present in the Court departing from his café and the lady not vacating the room rather continuing to stay therein. He further deposes of the face of the Russian lady standing covered with a cloth. PW-1 alongwith an Italian proceeded to police Post, Manikaran to report the matter. PW-1 has proven his statement comprised in Ex. PW-1/A whereupon an FIR stood recorded by the police agency concerned. 13. PW-1 was previously unfamiliar with the identity of the accused. Even if assumingly the accused being a Russian national thereupon the factum of his visiting the café owned by PW-1 alongwith the deceased the latter whereof is propagated by the prosecution to be the wife of the accused would given the distinct nationality of the accused besides his speaking a distinct language constitute factors which rather empowered both PW-1 and PW-2 to gauge the identity of the accused especially when he was the only male Russian who visited the café owned by the PW-1. Even if hence identification in Court of the accused by PW-1 and PW-2 stands ingrained with credibility rendering unnecessary the holding of any Test Identification Parade by the Investigating Officer, nonetheless the identification in Court of the accused by PW-1 would not constitute conclusive evidence of the accused even if assumingly purportedly last sighted by PW-1 in the company of his alleged wife (the deceased) at the café owned by him, of hence the inculpatory role as stands ascribed by the prosecution to him hence standing clinched. As aforestated a close and wholesome reading of the testimonies of PW-1 and PW-2 is imperative for gauging therefrom the veracities of their depositions besides to repel and overrule the factum espoused by the prosecution of the accused being liable for committing the offence of murder of the deceased, his alleged wife. A reading of the deposition of PW-1 comprised in his crossexamination unfolds the factum of the café owned by him remaining open throughout the day and of customers visiting it throughout the day, yet he feigns ignorance qua the number of customers who visited his café on the relevant day. A reading of the deposition of PW-1 comprised in his crossexamination unfolds the factum of the café owned by him remaining open throughout the day and of customers visiting it throughout the day, yet he feigns ignorance qua the number of customers who visited his café on the relevant day. With the café owned by PW-1 remaining open throughout the day and of customers visiting it during the entire course of the day leaves open an inference of a person other than the accused committing the murder of the deceased. Aggravated momentum to the inference aforesaid stands acquired by the factum of PW-1 in his crossexamination deposing of his not enquiring from the deceased, the accused and the Italian national who purportedly on the relevant date together visited his café qua theirs arriving thereat through a common mode of transportation besides with PW-1 omitting to disclose in his testimony qua the prime factum of whether the bill of coffee purveyed by him to them standing paid by the accused, communications qua the aforesaid facets when withheld would formidably not sustain an inference of even if all simultaneously entering his café they being on intimate terms with each other, especially when the intimacy of the accused and deceased for lending impetus to the propagation of the prosecution of the accused and the deceased standing married to each other was enjoined to imperatively occur in his deposition. In sequel, omission of unfoldments of the aforesaid facts by PW-1 constrains this Court to conclude of the deceased, the Italian gentlemen and the accused though purportedly simultaneously entering the café of PW-1, yet they being strangers to each other. Concomitantly the deposition of PW-1 existing in his examination-in-chief of the aforesaid jointly requesting him to provide a room suffers erosion. It appears that the aforesaid deposition of PW-1 of the accused, the deceased and one Italian on entering his café requesting him to provide a room is a well engineered concoction on the part of PW-1 to thereby communicate of the three aforesaid holding intimacy with each other whereas for the reasons aforestated the factum of theirs holding intimacy with each other stands dispelled 14. Further inroads qua the veracity of the deposition of PW-1 impinging upon the identification by him of the accused in Court is evident from the factum of his on the beckoning of PW-2 proceeding to his café in the evening of 14.5.2008 at about 4-4.30 p.m. from his billiards room situated at a distance of 100-150 meters therefrom whereas the accused, the deceased and the Italian gentlemen all stand deposed by him to arrive at his café in the morning of 14.5.2008 between 9-9.30 a.m. at a stage whereof he on providing coffee to them immediately departed to his billiards room situated at a distance of 100- 150 meters from his café, hence was incapacitated to in the interregnum since the morning till the evening on account of his being unavailable at the café whereat the incident occurred subsequent to his departure therefrom to hold any personal knowledge qua it unless awareness qua the manner of its occurrence stood purveyed to him by his daughter (PW-2) who had in the evening of 14.5.2008 at about 4-4.30 p.m. beckoned him from his billiards room situated at a distance of 100-150 meters from his café. Hereafter it is imperative to gauge whether PW-2 on visiting PW-1 at the latter’s billiards room for beckoning him to return to his café divulged to him the manner of occurrence of the illfated incident at the café. For unearthing therefrom the aforesaid preeminent fact, an immediate allusion to the deposition of PW-1 is imperative. PW-1 in his examination-in-chief though deposes of PW-2 in the evening of 14.5.2008 visiting his billiards room for beckoning him to return home yet he therein is reticent qua the factum of any disclosure qua the incident standing purveyed thereat to him by PW-2 rather he deposes in his cross-examination of his holding a telephonic conversation with his wife. Consequently the intricate details qua the manner of occurrence of the ill-fated incident at the café owned by PW- 1 stood communicated to PW-1 by his wife over a telephonic conversation which both held prior to PW-1 returning to the café from his billiards room located at a distance of 100-150 meters therefrom. The reporting of the matter to the police by PW-1 stands not rested upon the talk which PW-1 had with his wife on his returning home. The reporting of the matter to the police by PW-1 stands not rested upon the talk which PW-1 had with his wife on his returning home. The Italian gentlemen who had alongwith the accused and the deceased purportedly simultaneously arrived at his café on 14.5.2008 between 9.10 a.m. stood omitted to be confabulated with by PW-1 even though the Italian gentleman accompanied him to the police station concerned whereat the incident stood reported. Evidently when the intricate details qua the manner of occurrence of the ill-fated incident at the café owned by PW-1 stood revealed to him by his wife over a telephonic conversation which both had prior to his returning home on the beckoning of his daughter who visited him in the evening of 14.5.2008 at his billiards room located at a distance of 100-150 meters from the café for soliciting his presence at the café, besides when on his reaching home the unfoldements qua the incident stood purveyed to him by his wife, yet when they remained un-communicated by him to police does also constrain an inference of the entire truth qua the incident standing suppressed by PW-1. With PW-1 proceeding to also in his crossexamination depose of his omitting to hold any confabulation with the Italian gentleman who remained present in the café since the morning of the ill-fated day till PW-1 returning thereat from his billiards room, though being the best person who had prime acquaintance with the events which led to the ill-fated occurrence, also garners an inference of PW-1 inventing or concocting a false version qua the ill-fated occurrence. 15. The aforesaid suppressions or smotherings by PW-1 qua the events leading to the the ill-fated occurrence cannot but inevitably clinch a conclusion of his deposition qua his attributing to the accused an inculpatory role of his committing the murder of the deceased, the former’s purported wife standing rested merely on the factum of his purportedly last sighting both together at his café on 14.5.2008 in the morning not carrying any probative vigor. The effect of the aforesaid inference arouse-able from the proactive smotherings and suppressions by PW-1 qua the truth qua the occurrence engenders also an inference of the factum of his purportedly last sighting the accused and the deceased together at his café in the morning of the ill-fated day not holding conclusive evidentiary value for marshalling therefrom an unflinching conclusion of the accused hence being the person who committed the murder of the deceased. Moreover the effect, if any of PW-1 identifying the accused in Court also looses its evidentiary sinew. 16. PW-2 whose deposition alongwith the deposition of PW-1 stands pressed into service by the prosecution to sustain its plea of the deceased standing sighted together with the accused in the café of PW-1, especially with its corroborating the said factum rather on its incisive reading unveils hers prevaricating the factum aforesaid underscored by the factum of hers deposing of hers in the evening proceeding to the billiards room of PW-1 to summon the latter, yet hers omitting to despite the factum of hers previously thereto noticing at the café, the deceased in its laundry room in a motionless state covered with a red cloth, disclose even an iota of the factum aforesaid to PW-1 fillips an inference, of the omission aforesaid on the part of PW-2 on visiting PW-1 at the billiards room to disclose even an iota of the factum of her previous to hers visiting the billiards room of PW-1 detecting the deceased in the laundry room of the cafe in a motionless state, obviously belying the factum of hers visiting in the evening her father at his billiards room situated at a distance of 100-150 meters from the café for apprising him qua the incident. With a taint of falsehood gripping the testimony of PW-2, its effect taints with a vice of falsehood the factum of hers in the morning of 14.5.2008 sighting the accused and the deceased together in the café. With the falsehood aforesaid gripping the deposition of PW-2 renders open to falsehood the factum of hers identifying the accused in Court to be the person who committed the offence. 17. With the falsehood aforesaid gripping the deposition of PW-2 renders open to falsehood the factum of hers identifying the accused in Court to be the person who committed the offence. 17. The intra-se contradiction which occurs vis-à-vis the testimonies of PW-1 and PW-2 also stand comprised in the factum of PW-2 deposing of the body of the deceased standing detected by her in the laundry room of the café which is in dire contradiction with the testimony of PW-1 who has contrarily deposed qua the place of its location being near the wash basin of his café consisting of two rooms, café, kitchen and a small verandah. Moreover it is in dire contradiction with the deposition of PW-8 who has communicated therein of no laundry room existing in the café. The effect of the aforesaid contradiction intra-se the depositions of PW-1 and PW-2 belies in its entirety the testimony of PW-2 with a concomitant sequel of hers prevaricating the factum of her availability at the site of occurrence on the ill-fated day. Moreover, it also belies the factum of hers visiting PW-1 at his billiards room situated at a distance of 100-150 meters from the café to apprise him qua the factum of hers noticing the body of the deceased in the café especially when on hers visiting PW-1 thereat she omitted to disclose to him the factum of hers noticing thereat the body of the deceased. 18. The wife of PW-1 who remained present at the site of occurrence throughout the relevant day from the time of arrival in the morning in the café of PW-1 of the accused, the deceased and an Italian gentleman till hers holding a conversation in the evening with PW-1 qua the ill-fated occurrence was neither cited as a prosecution witness nor was examined by the prosecution. Since, she was hence the best person to unravel the entire truth qua the occurrence, her deposition as a prosecution witness on hers standing cited as a prosecution witness would have facilitated the unfoldment of the entire truth qua the occurrence. Since, she was hence the best person to unravel the entire truth qua the occurrence, her deposition as a prosecution witness on hers standing cited as a prosecution witness would have facilitated the unfoldment of the entire truth qua the occurrence. Omission on the part of the Investigating Officer to cite her as a prosecution witness constrains a conclusion of as such of the prosecution in collusion with PW-1 camouflaging besides suppressing the entire truth qua the occurrence wherefrom an inference stands reared of any of customers who through out the day visited the café, murdering the deceased, identity whereof though known to PW-1 stood smothered by the latter. 19. Further more the Italian gentlemen with whose identity PW-1 was aware and who visited the police station concerned alongwith him to report the occurrence thereat remained un-examined by the prosecution. He being an Italian had left for his country, though concerted efforts stood made by the prosecution to solicit his presence before the trial Court, yet of no avail. With concerted efforts of the prosecution to solicit his presence as a prosecution witness remaining futile, the learned trial Court was constrained to order for the closure of prosecution evidence. However the effect of non-examination of this witness especially when he was the person who throughout the day remained present in the cafe whereat the ill-fated occurrence took place has obviated the upsurging of truth qua the occurrence predominantly when PW-1 deposes of his visiting the police station alongwith him yet PW-1 also communicating in his deposition of his not holding any confabulations with him, confabulations in case were held by PW-1 with him may have cleared much of the fog engulfing the prosecution case as stands ingrained in Ex. PW-1/A. In aftermath a befogged story qua the occurrence cannot hold any truth. 20. Further more, no motive stands ascribed by the prosecution to the accused. In a case resting upon circumstantial evidence, ascription of motive by the prosecution which prodded him to commit murder besides its proof by unflinching evidence is imperative. In sequel the non-ascription of any motive by the prosecution to the accused and as a corollary its non-substantiation also concomitantly severs an important link in the chain of circumstances. In a case resting upon circumstantial evidence, ascription of motive by the prosecution which prodded him to commit murder besides its proof by unflinching evidence is imperative. In sequel the non-ascription of any motive by the prosecution to the accused and as a corollary its non-substantiation also concomitantly severs an important link in the chain of circumstances. Even though the prosecution alleges of the accused and the deceased being legally married, hence thereupon they sprout a ground of there occurring an altercation inter-se the accused and the deceased hence prodding the former to strangulate the deceased which factum however stands dispelled arising from the factum of the prosecution omitting to place on record any documents in portrayal of the accused holding marital ties with the deceased. The said fact also remains undeposed by PW-1. The aforesaid infirmity enfeebles the effect, if any, of the propagation of the prosecution of the accused and the deceased standing tied in a nuptial knot and an altercation preceding the strangulation of the deceased by the accused occurring leading ultimately to the accused strangulating his purported deceased wife. 21. PW-7 who medically examined the accused and had in his apposite MLC underscored therein of his on examining the accused noticing multiple injuries existing on the person of the accused, stands espoused by the prosecution of the accused attempting to after murdering the deceased commit suicide. The said conduct of the accused subsequent to his allegedly murdering the deceased is held as a ground by the prosecution qua its also constituting a link in the chain of circumstances constructed by it against the accused. However the aforesaid link gets severed as the occurrence if any, of the aforesaid injuries noticed by PW-7 on the person of the accused not leading to a deduction of the accused attempting to after murdering the deceased commit suicide especially with PW-7 in his cross-examination deposing of the injuries found by him on the person of the accused being sequelable by dragging or beating. In sequel, the aforesaid propagation of the prosecution of the accused purportedly attempting to commit suicide after murdering the deceased stands rid of its force and tenacity. 22. In sequel, the aforesaid propagation of the prosecution of the accused purportedly attempting to commit suicide after murdering the deceased stands rid of its force and tenacity. 22. A wholesome analysis of the evidence on record portrays that the appreciation of evidence as done by the learned trial Court does not suffer from any perversity and absurdity nor it can be said that the learned trial Court in recording findings of acquittal has committed any legal misdemeanor, in as much, as, its having mis-appreciated the evidence on record or its omitting to appreciate relevant and admissible evidence. In aftermath this Court does not deem it fit and appropriate that the findings of acquittal recorded by the learned trial Court merit interference. 23. In view of the above discussion we find no merit in this appeal, which is accordingly dismissed and the judgment of the learned trial Court is maintained and affirmed. Record of the learned trial Court be sent back forthwith.