Raghunath Ray, J.

1. FACTUAL Matrix :

On 1st June, 2001 at about 9.30 P.M., the appellant, Md. Mustafa Sk. of Notunpara, Ambagan (Hariharpur), P.S. Baruipur allegedly strangulated his spouse Parveen Bibi to death in his tenanted room and managed to escape therefrom. In the intervening night of 1/2.6.2001 at about 2.00 A.M., Muzibur Rahaman, P.W.1, the landlord informed the Officer-in-charge, Baruipur P.S. about the commission of the said cognizable offence. On the basis of the said written complaint (Ext. 1) Baruipur P.S. Case No. 91/2001 dated 2.6.2001 under Section 302, IPC was registered for investigation. The appellant Mustafa, however, had been to Beniapukur P.S. and stated before Sri Subhas Ch. Sarkar, the S.I. of Police, P.W.6 that he had caused death of his wife, by throttling at Ambagan, Baruipur. On the basis of his statement he was detained there by the said Police Officer. On verification of his statement, Abhijit Mukherjee, the S.I. of Baruipur P.S., P.W.4 was informed about the same. The appellant was subsequently arrested by P.W.4 and was taken to Baruipur P.S.

2. THE inquest on the dead body of the victim was held by Sri S. C. Sinha, Executive Magistrate, Bar