Penal Code, 1860–Sec. 302–Evidence Act, 1872–Sec. 106–Conviction–Sustainability–No injury was seen on the body of deceased–No prior enmity–Complainant admitted in his cross-examination that some miscreants came to the upper storey of appellant’s house and they had a scuffle with the deceased –The second storey was open from all sides–Appellant’s sister, son and her mother-in-law were also present in the house–Provisions of Sec. 106 of Evidence Act cannot be made applicable in the instant case–Further, the deceased was healthy and well built who could only be throttled by ablebodied person–No medical evidence to show that the throttling was done in the state of awakening or sleeping–Neither any thing was recovered from the appellant nor any injury was found on her body–Testimony of PW 1 is not reliable and other six witnesses turned hostile–Prosecution failed to prove the chain of circumstances –Appellant is entitled to be acquitted.
