ORDER : 1. The appellant herein has been convicted and sentenced as below vide judgment dated 12.07.2017 passed by the learned Additional Sessions Judge No.2, Bhilwara in Sessions Case No.09/2015:- Offences Sentences Fine Fine Default Sentences 302 IPC Life Imprisonment Rs.5,000/- 3 months’ additional Simple Imprisonment 2. He has filed the instant appeal under Section 374(2) CrPC for assailing the impugned Judgment. 3. Brief facts relevant and essential for disposal of the appeal are noted hereinbelow:- 4. The appellant was married to Smt. Krishna about 7-8 years before the incident. He used to quarrel with his wife and thus, for the last two months, she was living at her father’s house. The appellant also came down to the parental home of Smt. Krishna about one month before the incident which took place on 27.05.2015. The prosecution has claimed that the appellant herein forcibly took Smt. Krishna into the bathroom of the house and throttled her neck. When Smt. Krishna became unconscious, he ran away. The children told Krishna’s mother about the incident on which, she informed Deepak, brother of Smt. Krishna who came home from his work. A car was engaged and Smt. Krishna was taken to the Bijolia Hospital from where she was referred to Kota on account of her precarious condition. On the way, Smt. Krishna expired whereupon, her body was taken to the Bijolia Hospital. Shri Deepak (P.W.1), lodged a written report (Ex.P/1) with these allegations and casting aspersions that the appellant herein, had throttled and killed Smt. Krishna. Marks of violence were visible on her neck. 5. On the basis of this report, formal FIR No.138/2015 (Ex.P/8), came to be registered at the Police Station, Bijolia for the offence punishable under Section 302 IPC. Investigation of the case was assigned to Shri Suryabhan Singh (P.W.11), posted as the SHO, Bijolia who proceeded to conduct investigation. The accused appellant was arrested. Various spot documents were prepared. 6. The dead body of Smt. Krishna was subjected to autopsy by a Medical Board constituted at the CHC, Bijolia. Dr. Lokesh Dhakkad (P.W.10) alongwith Dr. Ansar Khan (P.W.12), carried out the autopsy upon the dead body of Smt. Krishna at the CHC, Bijolia and took note of the following injuries:- (i) The wind pipe was swollen. (ii) Laryngeal bone was fractured. (iii) Contusions were visible at three places on the neck. Dr. Lokesh Dhakkad (P.W.10) alongwith Dr. Ansar Khan (P.W.12), carried out the autopsy upon the dead body of Smt. Krishna at the CHC, Bijolia and took note of the following injuries:- (i) The wind pipe was swollen. (ii) Laryngeal bone was fractured. (iii) Contusions were visible at three places on the neck. (iv) When the external injuries were opened, it was noticed that blood had effused inside the tissues and blood clots were visible thereupon. (v) Horn of the hyoid bone was fractured. 7. The Medical Board opined that the cause of death of Smt. Krishna was asphyxia as a result of compression of neck. Post-mortem Report (Ex.P/7) was issued with these conclusions. 8. After concluding investigation, a charge-sheet came to be filed against the accused appellant in the Court concerned for the offence punishable under Section 302 IPC. As the offence was exclusively sessions triable, the case was committed to the court of Sessions Judge, Bhilwara from where it was transferred to the Court of Additional Sessions Judge No.2, Bhilwara for trial. Charge was framed against the accused appellant for the offence punishable under Section 302 IPC. He pleaded not guilty and claimed trial. The prosecution examined as many as 12 witnesses and exhibited 12 documents to prove its case. The accused upon being questioned under Section 313 Cr.P.C. was confronted with the circumstances appearing in the prosecution evidence which he denied. He claimed not to be present at the spot when the incident took place but no oral evidence was led in defence. 9. After hearing the arguments advanced by the learned Public Prosecutor and the learned defence counsel and appreciating the evidence available on record, the learned trial court proceeded to convict and sentence the appellant as above by the impugned judgment dated 12.07.2017, which is assailed in this appeal. 10. Shri Vishal Sharma, learned counsel representing the appellant vehemently and fervently contended that the entire prosecution case is false and fabricated. No motive to commit the offence has been proved by the prosecution, Evidence of the material prosecution witnesses regarding the accused appellant having strangled/throttled Smt. Krishna, leading to her homicidal death, is false and fabricated. The first informant Deepak (P.W.1), was admittedly not present at the scene of occurrence when the incident took place. No motive to commit the offence has been proved by the prosecution, Evidence of the material prosecution witnesses regarding the accused appellant having strangled/throttled Smt. Krishna, leading to her homicidal death, is false and fabricated. The first informant Deepak (P.W.1), was admittedly not present at the scene of occurrence when the incident took place. Conduct of the so called eye-witnesses Shri Kiran (P.W.3), brother of the deceased, Smt. Sugna Devi (P.W.4), sister-in-law (Bhabhi) of the deceased and Smt. Sarju Devi (P.W.7), mother of the deceased, is suspicious. These witnesses who were close relatives of the deceased, made no attempt whatsoever to save her from the clutches of the accused when he was allegedly trying to strangulate her. 11. On these grounds, learned defence counsel, implored the Court to accept the appeal, set aside the impugned judgment and acquit the accused appellant from the charge. 12. Per contra, learned Public Prosecutor, vehemently and fervently opposed the submissions advanced by the appellant’s counsel. He drew the Court’s attention to the statements of the material prosecution witnesses viz. Kiran (P.W.3), younger brother of the deceased, Sugna Devi (P.W.4), sister-in-law (Bhabhi) of the deceased and Sarju Devi (P.W.7), mother of the deceased, all of whom, gave categoric evidence to the effect that the accused herein was staying with Smt. Krishna at the parental house of the deceased from a month before the incident. He used to quarrel with Smt. Krishna and was casting aspersions on her character. On the fateful day, the accused appellant Jagdish Yadav, started fighting with Smt. Krishna and was heard making insinuations that she was of easy virtue and had an illicit relation with someone. Smt. Krishna had gone towards the bathroom for washing the utensils. The witnesses heard her subdued cries on which, they went to the said direction and saw that Jagdish was pressing the neck of Smt. Krishna, who was lying down. Smt. Surja Devi (P.W.7), raised hue and cry and tried to save the victim from the clutches of the accused. Smt. Krishna had lost senses by that time. Her neck got swollen. Jagdish ran away from the place of incident. Smt. Krishna was taken to the Bijolia Hospital from where, the doctor referred her to Kota because of her precarious condition. While Smt. Krishna was being taken to Kota, she passed away. Smt. Krishna had lost senses by that time. Her neck got swollen. Jagdish ran away from the place of incident. Smt. Krishna was taken to the Bijolia Hospital from where, the doctor referred her to Kota because of her precarious condition. While Smt. Krishna was being taken to Kota, she passed away. Learned Public Prosecutor submitted that nothing was elicited in the cross examination conducted from any of these three material prosecution witnesses, which can discredit their evidentiary worth. He submitted that in the statement under Section 313 Cr.P.C., the accused had admitted the fact that he was staying with Smt. Krishna in the house of her father on the date of the incident. A bald plea was taken by the accused that he had gone to do his labour job at the time of incident but this plea was not backed up by any reliable evidence. 13. Learned Public Prosecutor also referred to the statements of the two Medical Jurists Dr. Lokesh Dhakkad (P.W.10) and Dr. Ansar Khan (P.W.12), who conducted autopsy upon the dead body of Smt. Krishna and issued the Post-mortem Report (Ex.P/7) wherein, a clear conclusion is recorded that Smt. Krishna died as a result of asphyxia caused by compression of neck. Learned Public Prosecutor submitted that the evidence of the witnesses referred to supra, clearly establishes the culpability of the accused for the crime and hence, the trial court was perfectly justified in convicting and sentencing the appellant as above. 14. We have given our thoughtful consideration to the submissions advanced at bar and have meticulously re-appreciated the evidence available on record. 15. The witnesses Deepak Yadav (P.W.1), Ashok Kumar (P.W.2) and Kiran (P.W.3), brothers of the deceased, Sugna Devi (P.W.4), sister-in-law (Bhabhi) of the deceased and Sarju Devi (P.W.7), mother of the deceased, gave categoric evidence to the effect that the marital strife was going on between Jagdish (accused appellant) and Smt. Krishna (deceased), who were married to each other about 7-8 years back. Jagdish used to caste aspersions on the character of Smt. Krishna. Resultantly, Smt. Krishna (deceased) started living at her parental home from about two months before the incident. Jagdish also came and started living there about one month before the incident. He used to go to his labour job from the house of the father of Smt. Krishna (deceased). 16. The incident took place on 27.05.2015 at about 10.15 AM. Resultantly, Smt. Krishna (deceased) started living at her parental home from about two months before the incident. Jagdish also came and started living there about one month before the incident. He used to go to his labour job from the house of the father of Smt. Krishna (deceased). 16. The incident took place on 27.05.2015 at about 10.15 AM. Deepak (P.W.1) and Ashok Kumar (P.W.2) had gone to their respective labour jobs. Kiran, the ladies and the children were present at the house. A call was put to Deepak by his mother, who informed him that his brother-in-law (the accused appellant) had pressed the neck of his sister (Smt. Krishna) and ran away. Deepak and Ashok, immediately rushed home where, they met the family members referred to supra, who divulged the entire details of the incident whereafter, Smt. Krishna was taken to Bijolia Hospital where, she was examined for her injuries. The Injury Report (Ex.P/12), was issued taking note of three contusions on her neck area. The condition of Smt. Krishna was precarious at that time and thus, she was referred to higher centre i.e. Kota but expired on the way. 17. We have carefully and thoroughly scrutinized evidence of the eye-witnesses Shri Kiran (P.W.3), Smt. Sugna Devi (P.W.4) and Smt. Surja Devi (P.W.7). All of these witnesses affirmed the fact that the accused appellant used to frequently quarrel with his wife, the deceased Smt. Krishna. On the day of the incident, the accused and Smt. Krishna were present in the house and were taking food. At that time, they started quarreling with each other and Jagdish was heard hurling insinuations of immorality/promiscuity towards his wife Smt. Krishna. She went towards the bathroom for washing the utensils. Jagdish followed her and was trying to press her neck. On hearing some sounds, Surja Devi rushed to the said direction and saw that Jagdish was pressing the neck of Smt. Krishna. On seeing Surja Devi, the accused Jagdish fled away. All the three witnesses supra, took out Smt. Krishna from the bathroom and checked her on which, they found that her neck was swollen. 18. General cross-examination was conducted from the witnesses to create a doubt on their presence at the time of incident and to question their veracity. On seeing Surja Devi, the accused Jagdish fled away. All the three witnesses supra, took out Smt. Krishna from the bathroom and checked her on which, they found that her neck was swollen. 18. General cross-examination was conducted from the witnesses to create a doubt on their presence at the time of incident and to question their veracity. However, we are of the firm view that presence of the three witnesses in the house at the time of incident, cannot be doubted. The witnesses Shri Kiran (P.W.3) and Sugna Devi (P.W.4), admitted in cross-examination that they also used to do labour jobs but they gave logical explanation as to why they had not gone to their respective jobs on the date of incident. Surja Devi (P.W.7) was a housewife and no suggestion was given by the defence counsel to this witness regarding she not being present at the spot when the incident took place. 19. On an overall appreciation of the evidence of the three witnesses referred to supra, we feel that the version of the witness Surja Devi (P.W.7) wherein, she stated that she heard the subdued cries of Smt. Krishna from the bathroom and on going to the said direction, she saw that Jagdish was pressing her neck, is absolutely unimpeachable. There was no such motive, which could have instigated the witness to falsely implicate the accused Jagdish for the murder of Smt. Krishna. 20. Thus, we are convinced, that evidence of the witness Surja Devi (P.W.7), is convincing on the aspect that she heard the sounds coming from towards the bathroom and on going towards the said direction, she saw the appellant forcibly pressing the neck of Smt. Krishna. On noticing the present of the witness, the accused fled away. The witnesses Shri Kiran (P.W.3) and Smt. Sugna Devi (P.W.4), also reached the spot shortly after Smt. Surja Devi (P.W.7) and all took out the victim, whose neck was swollen. The fact that Smt. Krishna was taken to the Bijolia Hospital in an injured condition, is fortified from the Injury Report (Ex.P/12). Later on, she was referred to Kota for better management, but expired on the way. The evidence of the Medical Jurists Dr. Lokesh Dhakkad (P.W.10) and Dr. Ansar Khan (P.W.12), is convincing on the aspect that Smt. Krishna died by asphyxia caused by compression of neck, which is death by violent means. Later on, she was referred to Kota for better management, but expired on the way. The evidence of the Medical Jurists Dr. Lokesh Dhakkad (P.W.10) and Dr. Ansar Khan (P.W.12), is convincing on the aspect that Smt. Krishna died by asphyxia caused by compression of neck, which is death by violent means. The injuries caused to Smt. Krishna by compression of neck as attributed to the appellant were sufficient in the ordinary course of nature to cause death. 21. Thus, the allegation constituting necessary ingredients of crime are proved against the accused appellant beyond every shadow of reasonable doubt. The learned trial court appreciated the evidence available on record in an apropos and diligent manner. The evidence available on record is indicative exclusively towards the guilt of the accused and calls for no other interpretation. The impugned judgment dated 12.07.2017, does not suffer from any infirmity warranting interference. 22. As a consequence, we find no merit in this appeal which is dismissed as such. 23. Record be returned to the trial court.