ALFAZ ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) The appellant has been convicted under Section 302 of the Indian Penal Code (IPC) for murdering his wife Marzina Begum and has been sentenced to rigorous imprisonment (RI) for life along with fine of Rs. 2000/- with default stipulation.

(2.) The appellant was living in a rented house along his wife Marzina Begum and a son aged about 1- years when the inbcident took place. On 31.10.2006 at about 12:15 in the mid-night, the Marzina Begum was found dead inside the house of the appellant. An Ejahar was filed by Md. Abdul Jalil, the father of the deceased, before the Officer-in-Charge, Jogigopa Police Station on 31.10.06 reporting the incident. On the basis of the said ejahar, Jogigopa P.S. case No. 168 dated 31.10.2006 was registered and the investigation was carried out.

(3.) Post-Mortem examination was conducted on the dead body of the deceased on 31.10.06. Dr. Sushanta Bhattacherjee, who had conducted the post mortem examination, was examined as PW-9. The witness has deposed before the trial court that the death of the deceased had occurred due to asphyxia following throttling. From the post mortem report (Ext-2) it can be seen that the injuries found in the body of the deceased included two bruises on the front and six on the back side of the neck, on both sides, as well as two deep bruise marks on both sides over the sternomastoid on the front side of the neck with impression of finger on the back of the neck. Therefore, from the testimony of the PW-9 and the Post Mortem report it is established that the death of the deceased occuerd due to throttling.