STATE OF ASSAM Vs. BHUBHAN CHANDRA DUTTA

JUDGEMENT

(1.) The appellant, a constable in the Border Security Force posted in Jammu, has been convicted by the Sessions Judge of Jammu and sentenced to death for the murder of his wife, On appeal the High Court of Jammu and Kashmir has upheld the conviction but commuted the sentence to one of life imprisonment,

(2.) In June l968 the appellant had gone to the village in Ferozepur District of Punjab where his wife was living in her parents house and took her with him to Jammu and reached there at 7.30 p. m. on 21-6-1968, The next morning the body of an unidentified woman was found in the river Tawi. In November 1968 the uncle of the appellant's wife as well as his son came to Jammu and met the Inspector and the Commandant of the company to which the appellant was attached. The appellant thereafter made an extra-judicial confession to all these four persons about his having murdered his wife. The photograph of the unidentified woman referred to earlier was recognized by the wife's uncle and cousin as that of the appellant's wife. The appellant was later prosecuted with the result mentioned above.

(3.) The appellant's father-in-law, Nathu Ram P. W. 2, gave evidence that the appellant took his wife to Jammu. P. W. 3 testified that the appellant took his wife along with him and that he saw her off at the time of departure, The wife's cousin, Wadhuram, as P. W. 4 spoke to the accused having come to his village and taken his wife with him. P. W. 5 also gave evidence that the appellant's wife on her way to the railway station along with the appellant had a talk with him and that the appellant told him that he was taking his wife to Jammu, his place of service. P. W. 10 gave evidence about the appellant coming back to Jammu at 7.35 p. m, on 21-6-1968 after going on leave on 10-6-1968.