IMPORTANT POINT
Obligation or duty on part of appellant to report missing of his wife cannot be inferred.

JUDGMENT

Aniruddha Bose, J.—Decomposed body of a woman was discovered on 24th November, 2001, from a paddy field near Bidhan Chandra Krishi Viswavidyalaya, Regional Research Sub-Station at Raghunathpur, in the district of Purulia. One Bikash Chandra Patra, who was a lecturer with that institute at the material point of time came to learn of the body lying on the field on that day and he had given that information to police. Said Bikash Chandra Patra deposed as P.W.8 at the trial, out of which this appeal arises. Samar Banerjee (P.W.4), Officer in-charge of Raghunathpur Police Station, on receiving such information started U.D. Case No.53/01 dated 24th November 2001 and entrusted Mridul Kanti Saha (P.W.5), sub-Inspector of police with the task of investigation of the case. Subsequently, on 28th November, 2001, One Kashinath Chakraborty (P.W.1) had identified the body to be that of her daughter, Manju. In his written complaint to the police made on 6th December, 2001, he implicated the appellant-accused and his four brothers, Krishna Mishra, Gunadhar Mishra, Subal Mishra, Mohar Mishra and their brother-in-law Amar Tewari in the offence of murder of his daughter. Complaint was also made of physical and mental torture of the victim. On the basis of P.W.1’s complaint, formal F.I.R was registered by the P.W.4 and Raghunathpur P.S.Case No.60 of 2001 under sections 498A, 302, 201, 120B and 34 of the Indian Penal Code, 1860 was started. This appeal has its origin in that case.

2. P.W.5, on the basis of the said U.D.Case conducted inquest at the location where the dead body was discovered and sent the body, unidentified at that point of time, for post-mortem examination to Sadar Hospital Morgue, Purulia. His inquest report made on the same day, inter-alia, records :

“Today the 24-11-2001 around 1.35 p.m having arrived at the paddy field to the western fringe of Bidhan Chandra Agricultural University along with C 15 Dandu (?) Narayan Mondal I am to prepare the inquest report over the decomposed corpse of an unidentified woman. From looking at the corpse it seemed the deceased was about 20 years of age.

From the neck to head of the deceased is missing. Breasts are missing with a lots of maggots visible. Right hand is missing. Right leg downwards of knee is missing. Upwards on knee and upto waist only bones are there but no flesh. Left wrist onwards is missing. There are no flesh on the left ankle and seemed to have been eaten away by maggots. One steel anklet is there. After removing the panty and petticoat of the deceased nothing could be seen in the vagina and rectum. Maggots all over the body of the deceased are seen. There is a kind of hole on the left of the back with maggots in it.”

3. Dr. A.K. Josh undertook post-mortem examination but he could not come to a definitive opinion as regards the cause of death of the person on whose body he conducted autopsy. This was mainly because of the decomposed state of the dead body. In his examination-in-chief, which largely corroborates his opinion reflected in the post-mortem report, he stated:-

“On examination I found highly decomposed body with meggot bony skull with 16 Nos. of Teeth in the upper socket and 4 Nos. of Teeth in lower socket. I found only skull was present. No neck, no breast, no upper extremities, no right leg below knee, only chest and abdomen present, maggots present.

In my opinion cause of death is not clear to me due to highly decomposition of the body and is kept reserve for chemical examination report viceras sent for chemical analysis report. Blood sample preserved and taken by the police. Time of death was approximately 72 hours before P.M. examination.”

4. At the time of inquest on 24th November, 2011, the investigating officer had seized from the place the body of the victim was recovered two petticoats, a brown inner-wear (panty), a brown and yellow cotton printed sari and also a brown blouse. That seizure list was made Exhibit “6”. The prosecution version of the c