ANSAR ALI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Md. Yasin was offering his prayer at about 1:20 p.m. on September 19, 1989 at the Mosque when Manjur Alam the cousin brother of his son in-law Ansar Ali came and informed him that his daughter Asheda Bibi had died. He rushed to his daughter's place where he found Asheda dead having a black spot on her throat. He lodged a complaint with the police with a request to find out the cause of the death. He however, did not make any complain against her in-laws. The police investigated into the matter and ultimately arrested Ansar Ali, the husband and the mother-in-law, Asheda. Both of them pleaded not guilty and faced trial.

(2.) P.W. 2, a child being four and half years old was the only eye-witness. Asheda was excepting her second child. PW-1 reiterated what he had stated in the complaint. In addition, he narrated in detail what he had seen at her daughter's place. He deposed that he had not found any rope which could be used by Asheda if she had died of hanging. He asked his son in-law to ascertain how the spot could appear on the neck of Asheda. Ansar expressed his inability having no knowledge of the same. The local people however observed that Asheda was murdered by strangulation. PW-2 was the only son of the victim who was aged about seven years at the time of trial. He deposed that his mother was dead and he could not remember how she had died which had taken place three to four years back. PW-3 was a neighbour of Ansar. He was a post-occurrence witness. He found mark over the neck of the victim. He also deposed that Asheda's son had told the police that his father had murdered his mother. The witness identified Ansar and Ayesha present in Court on the dock. PW-4 was also a neighbour. He also noticed mark on the neck of the victim. He accompanied Majidul (Panchayat member) to the Police Station to inform about the incident. The police arrested Ansar along with his mother. He also deposed that next day the police again came with Ayesha who helped the police to recover the rope and a small piece of lathi made of bamboo out of an earthen pitcher. In crossexamination he also deposed that Ansar had been staying with his brothers, one sister and his parents. However, they were in separate mess. He also deposed in cross-examination that when the police had brought Ayesha next day she had been fumbling initially and then she had taken out the piece of rope and the small piece of bamboo from inside the earthen pitcher kept at the corner of the room. The police officer prepared a seizure list and he put his thumb impression as a seizure witness.

(3.) PW-5, Manjur Alam was also a neighbour. He also corroborated the other witnesses. He also said that Ayesha told them that Asheda died of heart failure. He also found mark on the neck of the victim. PW-6, the police officer recorded the complaint. PW-7, another neighbour of Ansar, also corroborated the other witnesses. He said that Ayesha told him that Asheda had fallen down from the bed and had died. He also noticed mark on the throat. He also deposed that the police came on the next day along with Ayesha who helped the police to seize the rope and the bamboo stick. PW-8 was also a neighbour who was declared hostile. PW-9, the investigating officer deposed that on being arrested Ayesha had confessed her guilt and made statement that had been recorded under Section 161 of the Code of Criminal Procedure which laid the recovery of rope and bamboo stick. PW- 10, the doctor, conducted postmortem. He proved the injuries caused to the victim and certified the cause of death. According to him, it was 'homicidal strangulation' caused between 10:00 a.m. to 12:00 noon on September 19, 1989.