HAZARAT ALI MANDAL Vs. STATE OF ASSAM

JUDGEMENT

(1.) Appellant Hazarat Ali Mandal appeals against the judgment dated 20.6.1986 passed by the learned Sessions Judge, Goalpara in Sessions Case No. 44 (3 -G) of 1985. He was convicted under section 302 of the Indian Penal Code and sentenced to R.I. for life and fine of Rs. 1 000/ in default imprisonment for another 6 months.

(2.) MUSTT . Belsa nessa, wife of accused Hazarat Ali died in the evening of 6.7.1983 at about 7.00 p.m. in the house of Hazarat AIL Shri Gafur Ali (P.W. 2), brother of deceased lodged the First Information Report (Ext 1) in the morning of 7.7.1983 at Bohati Police Out Post to the effect that the accused Hazarat Ali caused death of his wife Belsa -nessa with bamboo stick and that his 2 (two) brothers Sikandar Ali and Ufar Ali, sister Gedinessa and mother Amiran nessa bad actively conspired in the crime. The case was registered at the Goalpara Police Station and investigated into. The charge sheet being submitted against all the 5 accused for commission of offence under section 302/34 of the I.P.C., and all the 5 (five) accused faced the trial for the charge under section 302 of the I.P.C. in the Court of Sessions, Goalpara. Four (4) accused persons had been acquitted, but accused Hazarat Ali was convicted under section 302 of the I.PC. Hence, this appeal by Hazarat Ali Mandal.

(3.) THERE was no dispute on the fact of death of Musstt. Belsa nessa in the evening at about 7.00 pm. on 6.7.1983 in the house of accused Hazarat Ali as a result of injury on the neck. The inquest over the dead body was made in the forenoon of 7.7.1983. Exhibit2 was the inquest report wherein the external visible injury marks had been noted. Injury marks on the neck, chest, back and on other parts of the body were seen. The neck was found broken. It was suspected to be a case of homicide by assault on the basis of the visible injuries. Doctor (P.W. 1) holding post mortem examination opined that the death was due to exphyxia as a result of strangulation and the injuries were anti mortem. Hemorrhagic marks noticed at the level of thyroid cartilage with rapture of the trachea and fracture of hyoid bone; marks of ecchymosed/abrasions were present over the neck and chest. The nature of injuries found had proved the fact of using external violance excessively over the neck causing fracture of thyroid cartilage and hyoid bone and also suffocation (exphyxia) resulting death by strangulation The opinion of the Doctor (P.W. 1) is acceptable. The nature of the injuries over the neck, external appearance of the deceased as described in the post mortem report and injury marks on different parts of the body had negated the defence case of suicide by hanging.