ROTI MANDAL Vs. STATE OF ASSAM

JUDGEMENT

(1.) HEARD Mr. D. C. Mahanta, learned Sr. Counsel assisted by Mrs. S. Barpatragohain, the learned counsel appearing for the appellant and Mr. Z. Kamar, the learned P. P. Assam, representing State of Assam.

(2.) THIS criminal appeal has been directed against the judgment dated 19. 11. 2004 passed by the learned Sessions Judge, Morigaon in Sessions Case No. 1 of 2004 convicting the appellant under Sections 302/201, IPC and sentencing him to undergo rigorous imprisonment (hereinafter referred to as 'r. I. ') for life with a fine of Rs. 1,000/- in default to undergo R. I. for another two months under Section 302, IPC and to undergo R. I. for three years with a fine of Rs. 1,000/- in default two months further R. I. under Section 201, IPC.

(3.) THE prosecution case briefly is that on 5. 6. 2003 the PW 8, Nabin Chandra Deka, Assistant Sub-Inspector of Police, Mangaldoi Police Station lodged a First Information Report with the Mangaldoi Police Station stating that on 8. 3. 2003 at 11. 30 a. m. one Sri Roti Mandal, S/o Lt. Rabi Mandal of Kahasila under Mayong Police Station in the District of Morigaon filed an Ejahar alleging that on 1. 3. 2003 at about 4. 30 a. m. the complainant's wife Mrs. Puspa Mandal (hereinafter referred to as 'the deceased') had been missing and since than the complainant had been searching his wife at different places. He also informed the matter in writing to the Mayang Police station. On 6. 3. 2003 in the evening dead body of the complainant's wife (deceased) was found floating at river Brahmaputra and dead body was highly decomposed. On receipt of a written Ejahar on 8. 3. 2003 an U/d Case No. 6/03 was registered and endorsed in his name to investigate this case. In course of investigation, the said informant PW 8 visited the place of occurrence and examined the available witnesses who were found there and inquest was also held by PW 3, the Executive Magistrate, Mrs. B. Choudhury, Mangaldoi and dead body was sent for post-mortem examination. According to the informant on examination of the father of the deceased along with the family members it was found that they suspected that the deceased was murdered by her husband, Sri Roti Mandal, the appellant. In the post-mortem report the concerned doctor opined that the death of the deceased was esphysia as a result of strangulation. It was further alleged in his First Information Report that it was evident that the accused Sri Roti Mandal brutally murdered his wife and thrown the dead body into the river Brahmaputra on 1. 3. 2003 at about 4. 30 p. m.