Penal Code, 1860–Secs. 302, 201 & 498-A–Evidence Act, 1872–Sec. 106–Conviction–Sustainability–As per medical evidence, cause of death was antemortem manual strangulation–Appellant was present elsewhere at the time of the incident and he reached home after the cremation of the deceased–Evidence of PW 2 is not sufficient to prove his presence at the spot of the incident–Appellant took the specific plea u/s. 313 that he was at Sriganganagar in connection with his labour job–Family members of the deceased had
reached the matrimonial home and a chunni was put on the dead body which was buried in their presence–Prima facie no evidence on record to show that the appellant was the murderer of deceased–Appellants are entitled to be acquitted.
