NABIN GOWALLA Vs. STATE OF ASSAM

JUDGEMENT

(1.) The appellant Nobin Gowalla has been convicted under Section 304 B of the Indian Penal Code for causing death of his wife Tanuja Gowalla on the night of 16.01.2012 on demand of dowry and sentenced to imprisonment for life. Ejahar in this case was lodged by the brother of Tanuja i.e. Gobin Gowalla (PW-1) before the Nazira Model Police Station on 17.01.2012. The ejahar disclosed that Gobin received a phone call from his brother-in-law i.e. the appellant at around 11 P.M. on 16.01.2012. However, Bitu Gowalla (PW-5) being the brother of the appellant, spoke to him on the phone and informed that Tanuja was lying unconscious and was in a speechless state. Thereafter, the informant i.e. Gobin and his younger brother arrived at the house of the appellant at Ketekibari. Tanuja was not in the house and on being informed by Ghanashyam Gowalla (PW-4), who is the father of the appellant, went to Ligiripukhuri Hospital and found his sister Tanuja lying dead. He also came to learn that the appellant had fled away after strangulating Tanuja to death with a rope. Also, that Ghanashayam Gowalla had told him that around 10 P.M. on the date of the incident, there was a quarrel between the appellant and Tanuja. Based on the said ejahar, Nazira P.S. Case No. 09/2012 was registered under Section 302 I.P.C. and Dipak Sutradhar (PW-13), Sub Inspector of Police, was entrusted to take up the investigation of the case. On completion of the investigation, Charge Sheet was submitted against the appellant Nabin Gowalla under Section 304-B I.P.C. and committed to trial before the Court of Sessions Judge at Sivasagar. Formal charge under Section 304-B of the I.P.C. was framed and the appellant having pleaded not guilty, the case was put to trial.

(2.) To bring home the charge against the appellant, the prosecution examined as many as 13 (thirteen) witnesses including the Medical Officer and the Investigating Officer. After close of the evidence of the prosecution witnesses, statement of the appellant under Section 313 Cr.P.C. was taken with reference to the evidence that had come on record. No evidence was adduced on behalf of the defence and the plea taken by the defence was of absolute denial.

(3.) Gobin Gowalla (PW-1), who is the informant and the brother-in-law of the appellant deposed that the incident had taken place on the first day of 'Magha' and at the relevant time he was at his own house. He received information over phone from Bitu Gowalla at around 11.30 P.M. that his sister Tanuja was unwell and he is required to come over. Accompanied by Sunil Goala he went to the house of the appellant at Mezenga Ketekibari but did not find his sister in the house of the appellant. He was told that she had been taken to Ligiripukhuri Hospital. He found his sister dead in the hospital and also noticed a mark in his sister's neck caused by rope like article. In the hospital he also met the appellant's brother Bitu Gowalla who told him that on the day of the occurrence there had been a quarrel between the appellant and his sister Tanuja prior to her death. Also, that the situation had become peaceful and the quarrel had stopped. As their two year old son was crying they had gone into the house and as the door was not opened even after it was asked to do so, Bitu and Ghanashyam broke open the door and entered the house whereupon they saw Tanuja lying on the ground and the appellant fleeing away therefrom with a rope in his hand. He also deposed that Tanuja got married to the appellant three years prior to her death and that there had been quarrel between the appellant and his sister over petty matters. On cross, PW-1 deposed that the above facts were based on what he heard from Bitu Gowalla. Also, his sister did not tell him that there had been quarrel between her and the appellant.