AJIT GAUR Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) This is a Criminal Appeal directed against the Judgment and Order dtd. 6/3/2018 passed in Sessions Case no. 47/L/2012, wherein the appellant was held guilty of having murdered his wife by severing her head from the neck and for which he was sentenced to suffer imprisonment for life.

(2.) Heard Mr. T. Jamoh, the learned Amicus Curiae , and also heard Ms. Laxmi Hage, learned Additional PP for the State of Arunachal Pradesh.

(3.) On 3/6/2012, one Mr. Chow Jeyawa Mungkham submitted an Ezahar to the Officer-in-Charge of Chongkham Police Outpost, Lohit District stating that at 7:30 AM of that morning one of his Tea Garden laborers, namely Sri Ajit Gaur, has murdered his own wife, Smt. Agni Gaur by cutting her neck with a dao at his own residence. Soon thereafter, the appellant (the convict/Ajit Gaur) surrendered before the Chongkham Police Outpost with the severed head of his wife and a dao , with which he supposedly committed the crime. The Chongkham Police Outpost forwarded the Ezahar to the Officer-in-Charge of Namsai Police Station for registration ofFIR along with the appellant. The Ezahar was registered as FIR Case no. 47 of 2012 under Sec. 302 IPC. Thereafter, the investigation of the case was endorsed to one SI, namely A.N. Singh, who immediately swung into action by visiting the place of occurrence, prepared a sketch-map of the same and took photographs of the dead body and also conducted the inquest over the same in presence of witnesses. And following his timely action, Post Mortem was also conducted on the same day at 11:15 AM over the dead body by Dr. Taka Zirdo, SMO (SG), CHC, Chongkham. After the Post Mortem, the doctor recorded his findings as follows: