GANESH GOWALLA Vs. STATE OF ASSAM

JUDGEMENT

(1.) The sole appellant Ganesh Gowalla has been convicted under Section 302 of the 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 Bharati Tanti, aged 40 years.

(2.) According to the prosecution case, the appellant lived with his wife Bharati in a one room house situated at village Nagakata falling within the jurisdiction of Police Station Golaghat. And on the night of 19.3.2011, he throttled her to death after beating her with a piece of firewood in their house. Ram Tanti (P.W.2) is brother of Bharati. On the next day on coming to know that Bharati has died, he went to the house of appellant. There he found the dead body of Bharati lying on a bed. He also saw injuries on her body. On the asking of Ram, appellant disclosed that on the previous night he had dealt few blows to Bharati with a stick. Ram Tanti then lodged the ejahar (Exhibit-2) at Numaligarh Police Out Post which was forwarded to Police Station Golaghat for investigation. On reaching the place of occurrence, the police prepared Inquest Report (Exhibit-3) and seized the firewood vide Exhibit-4 from the possession of appellant.

(3.) Post mortem examination on the body of Bharati was conducted by Dr. Pallavi Gogoi (P.W.1). She found the following external injuries: