RAJESH MODI Vs. STATE OF ASSAM& ANOTHER

JUDGEMENT

(1.) Appellant Rajesh Modi has been convicted under Section 302 of Indian Penal Code and sentenced to imprisonment for life and fine of Rs.5,000/- with default stipulation for committing the murder of his wife Kali Modi.

(2.) According to the prosecution case, appellant was married to Kali Modi about 20 years prior to the date of incident. Tankeswar Modi (PW 3), Raju and Maneswar are sons of appellant from Kali Modi. The appellant and Kali Modi also adopted a female child aged 5 years. All of them lived together in a house situated at No.2 Dagaon, District Golaghat. On the night of 30.10.2012, the appellant, Kali Modi and their adopted daughter slept in one room whereas their sons Tankeswar, Raju and Maneswar slept in another room. Suddenly, in the night, Tankeswar heard the cries of Kali Modi. He woke up, but found the door of room, in which appellant, Kali Modi and adopted daughter were sleeping, was bolted from inside. Raju somehow managed to break open the door. The appellant then came out from the room holding a dao (sharp edged weapon) behind his back. Seeing this, Maneswar caught hold of the appellant and asked him why he had killed Kali Modi. As Maneswar went near to Kali Modi, the appellant fled after pushing Tankeswar and throwing the dao in the courtyard. The adopted five years old daughter of appellant kept crying loudly holding the body of Kali Modi. Raju immediately went to the house of Ajit Modi (PW 4), bother of Kali Modi and narrated the incident.

(3.) The post mortem examination of the dead body of Kali Modi was carried out on 31.10.2012 by Dr. Pankaj Kumar Bhattacharjee (PW 1). He found as many as six incised wounds on the head of Kali Modi. In the opinion of doctor, the cause of death was hemorrhage and shock due to injuries sustained. The doctor's evidence leads to a definite conclusion that the death of Kali Modi was homicidal on account of multiple cut injuries on her head.