Penal Code, 1860–Secs. 302 & 498A–Code of Criminal Procedure, 1973–Sec. 313–Strangulation–Establishment–Case of the prosecution that while the deceased was sitting on the front passenger seat, appellant strangulated her with the help of safi–Circumstance was not put before him u/s. 313–Safi was not put to the doctors to establish that the ligature mark could have been caused by the recovered safi–Deceased did not have any ligature mark on the right side of her neck–Safi was not sent for FSL examination–Prosecution failed to prove that the safi was the material which was used to strangulate the deceased–Appellant is entitled to be acquitted from the offence u/s. 302.
