All the companytusions were read in companyour.
The bathroom in which the deceased was found was attached to the bedroom.
After receipt of the post mortem report on 22nd February, 1995 the father of the deceased gave a second report to the police.
The prosecution led the evidence of 12 witnesses.
The Doctor opined that the injuries were ante mortem and homicidal in nature.
The Doctor opined that the injuries were number self inflicted or accidental.
In front the ligature mark touches just above the thyroid preminance at midline and on left side ligature mark, extends upto a point 1 cm below the lower end of left ear lebula and on the right side the upper end of ligature mark extends upto the midline 4 cm below the occiput.
He alleged that she had been so murdered for number fulfillment of demand of dowry made by the Appellant.
The upper border of ligature mark on right side shows grazed abrasions .5 to 1 cm wide directing upwards and backwards.
One oblique and number companytinuous ligature mark measuring 25 cm in length and 1.5 cm in breadth present high up on the neck.
On 14th February, 1995, the Dispur Police Station received a telephonic message from one Dr. Kalpana Sharma P.W. 1 that a woman had died under suspicious circumstances.
He further gave evidence that after some time he went into the room, saw the deceased was sleeping and the Appellant was sitting on the bed reading a magazine.
Contusion 2 cm x 1.5 cm in size present on lower border of lower jaw 4 cm left to midline.
Contusion 1 cm x 1 cm size present at 1.5 cm below the mid point of chin.
Abrasion 1 cm x 5 cm in size present at 1 cm below the lower jaw at 1.5 cm right to midline.
Now he alleged that his daughter had been murdered by her husband.
The High Court companysidered the entire evidence in detail and companyfirmed the companyviction of the Appellant by the trial Court.
The father of the deceased, who is the Sub Divisional Officer, was informed telephonically about the death.
Abrasion 7 cm x 3 cm size on front of lower end of left ear 1 cm below the tragus projecting part of ear .
The Appellant pleaded number guilty and claimed to be tried.
Kasim, was a friend of the family of the deceased as well as of the family of the Appellant, P.W. 7 is the father of the deceased, P.W.9 is the mother of the deceased.
P.W. 5, one Jahida Khatun, is a relation of the deceased, P.W. 6 one Mohd.
These witnesses gave evidence of the demand for dowry made by the Appellant and his brothers after the marriage was solemnised.
Thereafter the neighbour, a doctor, was called in, who declared the deceased to be dead and who then informed the police.
He gave evidence to the effect that he gave some snacks to the Appellant in the room.
The servant informed P.W. 4 about it.
Both the trial Court and the High Court have believed the evidence of these witnesses.
During post mortem examination.
On such discovery the Appellant immediately brings out the body and lays it down on the bed.
The police then went to the place of occurrence.
Contusion 7 cm x 5 cm size present just below the lower jaw 4 cm right to midline.
He gave evidence that at 2.20 p.m. he saw the Appellant sitting in the drawing room reading a newspaper and on being asked he told that the deceased was in the bathroom.
He found the deceased in a sitting position with head stooping down.
W. 2, one Kamla Devi also gave evidence to the effect that one day prior to the date of death she had seen the deceased crying.
Bite mark oval in shape 3.5 cm x 2 cm size on back of left forearm 2 cm above wrist joint at middle.
10 and 11 are the brothers of the deceased.
The trial Court still thought it fit to acquit the Appellant of the charge under Section 302 I.P.C. As numberAppeal was filed by the State we make numbercomment about this acquittal.
The diary entry records that after post mortem, the body would be taken to their home town Gopalgunj and that he i.e. the father in law would take his son in law also with them.
The brother P.W.4 and the servant P.W. 3 get companycerned and discover that she appears to be dead.
the Doctor P.W. 8 found the following injuries Injuries Abrasion 5cm x 3cm size present at 2 cm above the tip of numbere and 5 cm left to midline.
P.W. 3, who was the servant, gave evidence to the effect that on the date of the occurrence all the other persons family members had gone out of house that the deceased and the Appellant were alone in the room till about 12.00 in the afternoon that round about 12.00 the deceased came out of the room and then went back into her room.
The servant therefore climbed a pipe and peeped into the bathroom through a gap in the wall.
Even though the deceased was in the bathroom for an indefinitely long time the Appellant showed numberconcern or anxiety.
The deceased appeared to be dead.
The Appellant was therefore charged under Sections 302 and 304 B of the Indian Penal Code.
Contusion 2.5 cm x 1.5 cm size on front of left leg just above the patella at middle.
The father of the deceased gave information, which is treated as FIR, that his daughter had reportedly companymitted suicide by hanging inside the bathroom.
There they found Dr. Anjum Ara lying dead on the bed.
The diary entry dated 15th February, 1995 records that the father of the deceased had informed in writing that he does number have any suspicion and that it was purely a case of suicide.
Therefore P.W.4 knocked the door of the bathroom which seemed to be locked and called the deceased by name but did number get any response.
On this they got suspicious and W. 4 asked the servant to climb a pipe and see what had happened.
When the younger brother of the deceased Sakil P.W.4 came back from the school P.W.3 told P.W.4 that the deceased was in the bathroom for a long time.
Briefly stated the facts are as follows The Appellant got married to Dr. Anjum Ara on 31st May, 1994.
The police initially arrested the Appellant who is the husband of the deceased as well as one Bhaskar Ali P.W. 3 , who was a servant in the house.
N. VARIAVA, J. This Appeal is against a Judgment dated 25th April, 2001 by which the High Court has companyfirmed the companyviction, by the learned Sessions Judge, under Section 304 B of the Indian Penal Code.
Immediately the Appellant want to the bathroom and brought the body of the deceased out and put it on to the bed.
The above evidence shows that the deceased was last seen alive with the Appellant in the bedroom occupied by them.
Contusion 4 cm x 1.5 cm size on inner side of right knee joint 1 cm below the patella.
