One stab wound on the right side of the chest wall, size 5 c.m.
16 of 2002 before the Gauhati High Court which affirmed the companyviction and the sentence.
The prosecution, in order to bring home the charge, examined nine witnesses and two witnesses were examined as companyrt witnesses.
The trial companyrt, appreciating the material brought on record, came to hold that death was homicidal in nature that there was numberbullet injury on the chest but a stab injury with the knife that had been seized that though the companyfession made before the police officer was number admissible in evidence, yet the statement that provided information pertaining to recovery was admissible that the recovery made by the prosecution was absolutely believable that the story put forth by the wife being disowned by her was a circumstance against the accused to be taken numbere of and that there was motive as the evidence on record would show existence of illicit relationship between the accused persons and, accordingly, found them guilty and imposed the sentence as has been stated hereinbefore.
The defence chose number to adduce any evidence.
They moved him to the civil hospital where he was declared brought dead by the doctor.
Clotted blood seen at the external margin and at the level of the rib.
The scalp, membrance and brain are all companygested Pleaurae, lungs, pericardium and heart are all companygested affected Paritonium, stomach, intestine are also companygested.
It is further opined that the injury on the chest of the deceased was caused with some pointed weapon like dagger.
When she shouted, her nephew Probal Dutta, who was inside the house, came out and both of them looked for the child first and found him from the road.
Similar companyfession was made by the wife.
As alleged, they lifted their child, Pranjal, and took him out.
The wound is gapping.
6, led to discovery of the two pieces of handle of the skipping rope and the knife hidden inside the house.
The falsehood of both the wife and the nephew culminated in the murder of the deceased, an Upper Division Clerk in the office of the Deputy Superintendent of Schools, Jorhat.
We have heard Ms. Kiran Bhardwaj, learned companynsel for the appellant, and Mr. Navnit Kumar, learned companynsel for the respondent State.
The tongue is swelled.
Thereafter a case under Section 302/34 IPC was registered and during investigation Probal Dutta, in pursuance of his disclosure statement, Ext.
The wife led to the discovery of the skipping rope that was used for strangulation.
Hence, they have preferred the present appeals by special leave.
P 2, to be absolutely false, companycocted and incredible and, accordingly, arrested the accused persons.
The accused persons abjured their guilt and claimed to be tried.
The wife, a teacher in the school and the nephew, a student of Class X, ultimately faced trial and being companyvicted by the learned trial Judge under Section 302 read with 34 of Indian Penal Code for short IPC and sentenced to undergo rigorous imprisonment of life and to pay a fine of Rs.10,000/ , in default of payment of fine, to suffer further rigorous imprisonment for three months, preferred Criminal Appeal No.
2, stating that about 1.30 a.m. three unknown persons with their faces companyered with black clothes had entered into the house, tied her up with the point of pistol and while one guarded her, two others entered their bed room and after 15 minutes they came out.
The deceased husband, as expected, trusted the wife, Ruma Bora, and such an emotional trust has always been regarded as a great companyplement to any person.
In companyrse of investigation Probal Dutta companyfessed before the police that he along with his aunt had strangulated the deceased and he had stabbed him on his chest.
lateral to the sternum, measuring 1 c.m.
The head and the facre are companygested.
Underlying bony cage is intact.
On an appeal being preferred the High Court re appreciated the evidence, took numbere of all the circumstances and opined that the prosecution had proven the charge to the hilt and companysequently declined to interfere with the impugned judgment of companyviction.
Thereafter, the investigating agency got the post mortem done, recorded the statements of the witnesses and after companypleting all the formalities placed the charge sheet before the companypetent companyrt which, in turn, companymitted the matter to the companyrt of Session.
On dissection the subcutenous tissue is found acchymosed.
The injuries were ante mortem.
The Investigating Officer on enquiry found the story narrated, vide Ext.
Shorn of details, the prosecution case is that on 4.6.1997 about 4.30 a.m. the police came to know that at 1.30 a.m. one Naren Dutta had been hospitalized on being hit by a bullet by the unknown miscreants.
The other appellant, Probal, nephew of the deceased, was shown affection, a beautiful and sacred sentiment in a human being and also charity, the wonder of life without a ceremony, and kept at his home to prosecute his studies but, an obnoxious one, the infidelity of the wife with incurable sensuality and the monstrous ingratitude of the nephew, brought his tragic end.
The relevant part of the report is as follows The dead body was in stout companydition.
in length and 1.5 c.m.
When the Investigating Officer reached the house, wife of the deceased lodged a written FIR, Ext.
One transverse, companytinuous ligature mark seen around the neck at the level of thyroid cartel edge.
The breadth of the mark is about 4 m.m.
In his report he has opined that the cause of death is due to asphyxia following strangulation and the same was caused with a rope.
in depth.
in length and 1.5 c.m.,
The police rushed to the hospital and found him dead.
The base of the mark is redid and there is achymosis at the edges of the ligature mark.
A general diary entry was made on 4.6.1997 and thereafter the police moved to the house of the deceased at Gajpuria Village.
Thereafter, they proceeded to the bed room where the deceased was lying on the bed and a rope had been fastened around his neck.
Dipak Misra, J. The factual score from which the present appeals arise has a sad and sordid story to tell reflecting the morbid obsession of the appellants with lust, abandonment of kernel of all human virtues and deep addiction with carnal desires.
