Law:

Section:

(a) Penal Code (XLV of 1860) --------- ----------S.302 --------- -Qatl-i-amd --------- Appreciation of evidence --------- Motive not proved --------- Postmortem report being silent, and not containing necessary details, as to cause of death --------- Delay in lodging FIR was suggestive of consultation and deliberation --------- Recovery of dead body from house of accused alone would not show that accused had killed the deceased --------- Accused was alleged to have murdered his wife by manually strangulating her --------- Trial court, having convicted the accused under S. 302(b), P.P.C., sentenced him to death with direction to pay one hundred thousand to legal heir of the deceased --------- Doctor, while relying upon report of Chemical Examiner, had opined that cause of death was asphyxia due to throttling and due to injuries, which were ante-mortem in nature --------- Large number of symptoms were absent, which ordinarily pointed out to cause of death being asphyxia by throttling --------- Prosecution had failed to give necessary details regarding alleged cause of death --------- High Court observed that where there was contradiction between medical and ocular account, the ocular testimony was to be preferred over medical evidence --------- Place of occurrence was residential room of house of the deceased --------- Eye-witnesses were in unison that they were healthy and energetic than the accused --------- Nothing had prevented both the eye-witnesses to move forward to rescue the deceased, particularly, when the accused was empty handed --------- Eye-witnesses had not offered any resistance to the accused to save life of the deceased, which was unusual and unnatural --------- Eye-witnesses, having seen the incident, should have reported the same with reasonable promptitude --------- Eye-witnesses informed the complainant, brother of deceased, telephonically, and FIR was registered upon his arrival, which suggested consultation or deliberation --------- Prosecution had not examined any independent witness --------- Witnesses, being closely related to complainant and being inmates of house of the deceased, were best witnesses, but their evidence found no…

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