BHABEL CHANDRA SARKAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 18.6.2003 passed by the learned Sessions Judge, Bongaigaon, in Sessions Case No. 42(J)/1998 convicting the accused Appellant under Section 302 of the Indian Penal Code and sentencing him to undergo rigorous imprisonment for life and to pay a fine of Rs. 1,000/- in default to suffer simple imprisonment for two months.

(2.) The case of the prosecution, in brief, is that on 5.8.1995 at about 2.15 p.m. police received an FIR (Ext. 3) from one Shri Ratan Sarkar, by which the police was informed that the informant's niece, Smti Sishu Mallika, wife of Shri Bhebol Sarkar of Bharlkandi Beel was assaulted and killed by her said husband following a domestic quarrel between them and that the deceased's husband fled the place of occurrence after hanging the dead body of the deceased inside the house. On receipt of the said FIR, Jogighopa P.S. Case No. 47/95 under Section 302 of the Indian Penal Code was registered. The PW 10 i.e. the Investigating Officer visited the place of occurrence and launched investigation into the case. On his arrival at the place of occurrence, he found the dead body of the deceased lying on the floor of the house with one end of a rope being tied to her neck and the other part of the rope (torn) tied to the ceiling of the house. Upon identification of the dead body by the informant, PW 10 prepared inquest report (Ext. 2) in presence of witnesses and seized the rope (made of jute) and a handle of spade and a bamboo lathi vide seizure list Ext. No. 1. He prepared a sketch map (Ext. 5) and forwarded the dead body for post mortem examination. The husband of the deceased was arrested from the bus stop and he was forwarded to the Magistrate for recording his confessional statement. The witnesses, Smti. Padda Bala Mandal (PW-3) and Smti. Moromi Bala Mondal (PW 2) were sent to the Magistrate for recording their statement. During the course of investigation, police recorded the statement of the witnesses and collected the Post-Mortem report (Ext. No. 9), which revealed bleeding injury from the left ear, temporal membrane ruptured and hematoma in the temporoparietal region. The cause of death was shock and haemorrhage due to hematoma on brain.

(3.) The police also collected the statements made under Section 164 of the Criminal Procedure Code by Smti Padda Bala Mondal and Smti Morami Bala Mondal i.e. Ext. Nos. 6 and 7 respectively. At the conclusion of the investigation, the accused was charge-sheeted and sent for trial for committing the offence under Section 302 of the Indian Penal Code. The learned Sub-Divisional Judicial Magistrate committed the case to the Court of Sessions for trial.