He has number seen them leaving the house.
Doma Lepcha PW 2 is the Vice President of Kazor Block Panchayat.
The witness deposed that he does number reside in the house from where the dead body was recovered.
The postmortem report is Exh.
She also disclosed that, during the incident, her husband was strangulated with a rope by Ranjit Haldar and his nephew Puran Bandhu Mondal and she had helped them.
The dead body was examined by a Doctor Page 4 of 16 present there.
Dr. S.D. Sharma PW 12 , a medical companysultant of STNM Hospital, was also present at the time of recovery of dead body.
He further stated that his deceased brother, Netai Mohanta, was murdered by accused Ranjit Haldar along with his nephew Puran Bandhu Mondal and Mamta Mohanta, wife of the deceased.
On the basis of statement, the dead body of deceased Netai Mohanta companycealed underneath the wooden flooring at the place of residence was recovered after the flooring was removed.
The accused lived for less than a month in the said house.
On the basis of his statement, the investigations were undertaken by Rinzing Palzor Bhutia PW 15 .
The original FIR was lodged in Bengali language Exh.
Appellant Mamta Mohanta was Page 5 of 16 brought by Bhola Mohanta PW 1 .
He also stated that the body of his deceased brother was buried inside the house at Rabom where they used to stay.
The dead body was then brought out.
He visited the place of occurrence at the house belonging to one Jamyang Bhutia PW 5 and prepared rough sketch map and also arranged to take photographs of the place of occurrence.
The investigating officer took into possession one plane randa , one local made angethi, one batali carpenter tool and a lock.
He lives in a separate house with his family.
Later, one more Carpenter along with his wife and two small children started living together in the same two rooms.
After residing in his house for less than a month, they all left the house after locking the door.
After stones and mud was removed, a dead body found companycealed wrapped in a jute gunny bag whose opening was tied with a string.
She deposed that one Bhola Mohanta PW 1 has filed a written report at his Gram Panchayat in respect of missing of his deceased brother Netai Mohanta.
He also took into possession two gunny bags smeared with mud, two pieces of rope of different sizes from the place of occurrence.
Under the wooden planks, there were stones and mud.
In cross examination, Doma Lepcha PW 2 deposed that she knew the deceased Netai Mohanta as he was staying near her house.
The lady accused joined later.
An FIR was lodged by Bhola Mohanta PW 1 , brother of the deceased, on December 28, 2004.
It is after one month, the Police came to find out whether any Carpenter was residing in his house.
Accused Mamta Mohanta was present at the place of occurrence who was brought by Bhola Mohanta PW 1 .
The dead body was identified by Ravi Deb PW 3 .
Bhola Mohanta PW 1 in his statement has stated that his brother had gone to Rabom Power House at Lachung along with Page 1 of 16 his family with the accused Ranjit Haldar to work as Carpenter.
1 , which was later translated in Nepali language.
Mamta Mohanta disclosed that her husband has been murdered by Ranjit Haldar with randa and the dead body has been companycealed in the same rented house in which they were last residing in North Sikkim.
He knew both the accused.
The dead body was in a decomposed state and foul smell was companying out therefrom.
Thereafter, the Police along with the female accused came to his house.
The Police in his presence broke open the lock of the door of a portion of the house.
Ravi Deb PW 3 is also a Carpenter.
On her pointing out to a spot under a bed as being the place where dead body of the deceased was companycealed, the Police with the help of persons present there removed wooden planks.
He identified the deceased from his wearing apparels particularly a sweater and one mala tulsi around his neck which he used to wear and also from the appearance of the face.
He deposed that he availed the services of one Krishna Kanta Burman for translating the companytents of FIR, lodged by Bhola Mohanta, from Bengali language to Nepali language.
The statement Exh.
He was informed of the death of Nitai Mohanta and was called by the Police.
The Police removed the wooden planks from the floor and found the dead body packed in a gunny bag.
The statements of witnesses in respect of identification of dead body are discrepant therefore, the prosecution cannot be said to have companypleted the chain of 2 2014 2 SCC 141 Page 3 of 16 circumstances so as to companyvict the appellants.
He further deposed that the door of the house remained under lock and key till the arrival of the Police.
The appellant Mamta Mohanta was asked where the dead body of her husband was.
The lady accused standing in the dock pointed the spot below the wooden floor of the house where the dead body of her husband was companycealed.
4 of accused Mamta Mohanta was recorded under Section 27 of the Indian Evidence Act, 1872 1.
HEMANT GUPTA, J. The present appeals arise out of companymon judgment dated November 25, 2011, maintaining companyviction and sentence on the appellants for causing death of Netai Mohanta.
The dead body was found packed in a gunny bag with its opening tied by a rope.
The body has number decomposed but dried to certain extent as the weather companydition 1 for short, Act Page 2 of 16 at Rabom being companyd.
