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1.5 Viscera of the deceased was preserved and was sent to the FSL and it was found that "nitrazepam" was present in the deceased.

1.6 Therefore, the case of prosecution is that after the deceased was administered the sedative, perhaps without her knowledge, she was manually strangulated and smothered, and then she was thrown from the roof top. The relation of the four accused with the deceased is that accused Sanjay is husband, Sonu is devar, Smt. Bishan Devi is mother-in-law and, accused Jagdish is father-in-law.

The witness also deposed that from the viscera report received from FSL which is Ex. PW17/B, the stomach and piece of intestine/piece of liver, spleen and kidney preserved during postmortem, on examination, were found to contain Nitrazepam, which is a tranquilizer and sedative and can be given to a person without his or her recognition mixed with water, tea or milk, etc. and it will give no sign on postmortem examination. He deposed that probably in this case, initially, Nitrazepam was given and thereafter attempt of manual strangulation and smothering was made and after her death, deceased was knocked down.

8.5 But the question is whether after manually strangulating the deceased she was thrown from the roof? Prior to that question, the question is whether the deceased was actually manually strangulated and then thrown from the roof as claimed by PW17 Dr. L. C. Gupta, or is it a case of fall from roof or suicidal jump?

8.6 PW17 stated that when he examined the body of deceased, he found two vital post mortem injuries on the body of deceased. One was a lacerated wound on the forehead of the deceased which was opined as post mortem injury. This witness also deposed that there was a deformity of right side hip joint and on dissection underneath joint was found dislocated with shaft of the femur bone found fractured without collection of local hematoma, and it was also a post mortem injury. The witness also deposed that there were crescentric abrasions present over the chin and its both sides, and at both sides submandibular region and at upper 1/3rd part of neck at its front and lateral aspect. The witness opined that the injury mentioned at point (I), in the post mortem report caused asphyxia from manual strangulation and sustained pressure over the mouth which alone was sufficient to cause death and the post mortem injuries suggest that it was a case of post mortem knock down. In the FSL result Ex.PW17/B, it has come that „Nitrazepam‟ was found in the viscera which includes stomach, pieces of small intestine with contents, pieces of liver, spleen and kidney. Thus, PW17 gave opinion that after administration of the sedative „nitrazepam‟, the deceased must have been strangulated and thereafter thrown from the roof.

8.23 No investigation has been done by the investigating officer as to the source and manner of procurement of „nitrazepam‟. It cannot be assumed in a criminal case that if viscera of a deceased contained any sedative, the sedative must have been administered by the accused. It may well be a case where the sedative was consumed by the deceased. Accused have claimed that deceased was in depression. „Nitrazepam‟ is indeed used as sleeping pills. It is also available across the counter, though it should be only given on prescription of a doctor. Investigating officer did not bother to investigate from independent sources as to whether the deceased was depressed or not. In absence of any investigation as to the procurement or administration of the sedative by the accused to the deceased, presumption cannot be raised against the accused that they must have administered it.