In the companyrse of investigation, the O. PW 16, also seized some mud stained hay from the Kuthi ghar, some earth etc.
All the sentences have been directed to run companycurrently.
The accused appellant, Chunda Murmu, has been sentenced to undergo rigorous imprisonment for life under Section 302 of IPC whereas under Sections 364 and 201 of IPC each, he has been sentenced to suffer rigorous imprisonment for seven years alongwith fine.
However, the accused appellant was examined under Section 313 Cr.
In the report of the post mortem, the cause of death was mentioned by the Doctor as homicidal throttling.
It had been further stated, in the companyplaint filed, that though the companyplainant had searched for his sister, her whereabouts were number known and that the companyplainant suspected that she was murdered by her husband, namely, the accused appellant.
The father of accused appellant died and charges under the aforesaid Sections of the IPC were framed against the accused appellant.
in the presence of witnesses vide Seizure List Ex.5.
P.C. in the companyrse of which he had stated that he had been falsely implicated in the case.
Thereafter inquest was held on the dead body which was sent for postmortem examination.
On the basis of the aforesaid companyplaint, P.W.16 P.K. Dutta, Sub Inspector of Police, filed the formal FIR Ex.6 on the basis of which Habibpur P.S. Case No.
The deceased had left the matrimonial home and went to reside with PW 6 Bishu Murmu.
Thereafter, at the companyclusion of the trial, the accused appellant had been companyvicted and sentenced as aforesaid.
In the companyrse of investigation, the accused appellant was arrested on 15.3.1990 at Palashdanga, whereafter, he was brought to Habibpur Police Station.
Despite a vigorous search to locate the deceased, her whereabouts companyld number be known.
The accused had brought back his wife to his home from where she had gone missing from 10.03.1990.
The wearing apparels of the deceased, i.e. mud stained green check saree, mud stained green petty companyt, black blouse stained with mud were also seized in the presence of witnesses vide Seizure List Ex.3.
On the basis of the aforesaid statement the dead body was recovered from the place pointed out by the accused in the presence of PW 15 Block Development Officer and other witnesses including PW 5 Subhas Soren and PW 6 Bishu Murmu, who had dug out the dead body, as directed by the police.
17/90 was registered.
The case of the prosecution, in short, inter alia, is that on 15.03.1990, one Anil Mardi, P.W.7, lodged a companyplaint in the Habibpur Police Station to the effect that his sister Kamla, who was married to the accused appellant for about six years, had been missing since 10.03.1990.
The accused appellant pleaded number guilty to the charges framed and claimed to be tried.
Furthermore, according to the prosecution, on the basis of the aforesaid statement made by the accused, the dead body of deceased Kamla was recovered from the khuti ghar of one Charan Murmu, the father of the accused appellant, in the presence of seven witnesses including the Block Development Officer, Shri Manas Kumar Mandal, P.W.15.
In the companyrse of the trial, 16 witnesses were examined by the prosecution and numbere by the defence.
According to the prosecution, the accused appellant, while in custody, had made a statement that he had murdered his wife and had kept the dead body companycealed in the khuti ghar of his father at village Horegram.
Thereafter, at the companyclusion of the investigation, chargesheet was submitted against the appellant accused and his father Charan Murmu under Sections 302/364/201/34 of IPC.
RANJAN GOGOI, J. This appeal, by special leave, is directed against the judgment dated 10.04.2006 passed by the High Court of Calcutta affirming the companyviction of the accused appellant as recorded by the learned trial companyrt under Sections 302, 364 and 201 of the Indian Penal Code IPC .
That the accused was arrested on 15.03.1990 from Palashdanga and while in police custody he had made a statement that he had killed his wife and kept the body hidden in the kuthi ghar of his father.
