T.P.SHARMA, J.

(1) Challenge in this appeal is to the judgment of conviction and order of sentence dated 31/3/1989 passed by the Fourth Additional Sessions Judge, Bilaspur, in Sessions Trial No. 176/1989, whereby and whereunder learned Fourth Additional Sessions Judge after holding the appellants guilty for commission of culpable homicidal death amounting to murder of Nirmala in sharing common intention, convicted under Section 302/34 of the Indian Penal Code and sentenced them to undergo imprisonment for life and to pay fine of Rs. 2000.00, in default of payment of fine to further undergo rigorous imprisonment for two years, respectively.

(2) JUDGMENT is impugned on the ground that without there being any iota of evidence of commission of murder, the Fourth Additional Sessions Judge has convicted and sentenced the appellants as aforementioned and thereby committed illegality. Case of the prosecution, in brief, is that on the fateful day of 4/2/1989 at about 4 p.m. at Dabripara Nagoi, Police Station Sarkanda; District Bilaspur, Nirmala, wife of appellant Ishwar was present in the house of the appellants, she was pregnant. Appellant No. 2 used to quarrel with the deceased. Dead body of the deceased was found in the house of the appellants. The appellants intimated the persons including maternal relatives of the deceased that the deceased has committed suicide in their house by hanging. Cheddilal intimated merg to the police vide Ex. P/14. Investigating Officer proceeded for the scene of occurrence and after summoning the witnesses vide Ex. P/1, inquest over the body of deceased Nirmala lying in the floor was prepared vide Ex. P/2. One rope was seized from appellant Ishwar vide Ex. P/3. Dead body of the deceased was sent for autopsy to District Hospital, Bilaspur. Autopsy was conducted by Dr. Jawaharlal Shrivastava (P.W. 12) vide Ex. P/9 and found following symptoms and injuries.

i) Blood mixed white froth was seen over both nostrils and mouth. The eyes were partially open. The conjunction was congested. The tongue was bitten between the teeth and was cyanosed of its tip.

ii) A semi-circular ligature mark of the size, 11/2 cms. x 16 cms. red in colour, below the level of thyroid cartilage was seen Ec-chymosis and abrasions were on edges of the legature mark. On internal examination :

iii) Subcutaneous tissues were red, ecchy-mosed laceration of the surrounding underneath muscles, the hyoid bone was fractured (left corn of hyoid) and thyroid cartilages were fractured.

iv) Brain and membrances were congested. Trachea was congested. Contained red-white froth, (fine) fracture of thyroid cartilages and hyoid bone was found. Both the lungs were congested. Right chamber of the heart was full of dark blood, and left chamber was empty. Stomach and intestines were congested, and contains semi-solid and liquid fluids. Spleen, liver, kidneys were congested. Cause of death was asphyxia as a result of strangulation. The ligature mark ante- mortem.

(3) SHORT post-mortem was also given by the doctor vide Ex. P/9 A which reveals that case of death was asphyxia due to strangulation. Bangles were seized from appellant Bhagwati vide Ex. P/4. Broken pieces of bangles found in the spot were seized vide Ex. P/5. Clothes, ornaments and rope were seized after autopsy vide Ex. P/6. Appellant Bhagwati was also sent for medical examination where 3 linear abrasions were found over wrist by Dr. Sanjay Gupta (P.W. 11) vide Ex. P/8. Rope was examined by Dr.Jawaharlal Shrivastava vide Ex. P/10 and opined that ligature mark may be caused by the rope sent for examination. FIR was registered vide Ex. P/15. Viscera were sent for chemical examination vide Ex. P/16. Poison was not found in the viscera vide Ex. P/16. Slide of vaginal smear was also sent for examination and blood was found on the slide, but human sperm was not found in the slide vide Ex. P/18.

(4) STATEMENTS of the witnesses were recorded under Section 161 of the Code of Criminal Procedure, 1973 (h