The case establishes that in the absence of an explanation from the accused regarding a circumstance within their special knowledge, the court may rely on Section 106 of the Indian Evidence Act to deem the accused as the author of the crime.

Debi Prosad Dey, J.

1. This death reference arises out of the judgment and order of conviction passed by the learned Additional Sessions Judge, Mathabhanga, Cooch Bihar in sessions trial No. 07(05)/2013 (arising out of sessions case No. 420/2012) whereby and whereunder the learned Additional Sessions Judge, Mathabhanga, Cooch Bihar convicted Lal Chand Mia alias Abdul Latif for the offence under Section 302 and 498A of the Indian Penal Code and sentenced him to suffer death for the offence under Section 302 and to suffer three years simple imprisonment for the offence under Section 498A of the Indian Penal Code.

2. Lal Chand Mia alias Abdul Latif has also preferred an appeal against the said judgment and order of conviction which has been registered as criminal appeal No. 227 of 2016.

3. The death reference case No. 03 of 2016 is accordingly taken up along with criminal appeal No. 227 of 2016. The appellant was charged under Section 302 and 498A of the Indian Penal Code for causing death of his wife.

4. The parents in law of the deceased and the brother of the appellant also were charged under Section 120B/302 of Indian Penal Code and 498A of Indian Penal Code. Learned Trial Court however acquitted the parents in law and brother in law of the victim. The appellant has been convicted for the offence under Section 302 and 498A of the Indian Penal code and thereby learned trial Court has sentenced the appellant to death for the offence under Section 302 of Indian Penal Code and simple imprisonment for 3 years for the offence under Section 498A of Indian Penal Code.

5. The case of the prosecution as unfolds in the first information report is that Feroja alias Ferbanu Bibi got married with the appellant a year ago from the date of occurrence. Ferbanu Bibi used to reside with the appellant and his parents and brother. The appellant had married one Noor Banu Bibi prior to his marriage with Ferbanu. Noor Banu Bibi had given birth to two sons as a result of her wedlock with the appellant. The appellant divorced Noor Banu Bibi and thereafter the appellant got married with Ferbanu Bibi. Within 2-3 months of the marriage with Ferbanu Bibi, Noor Banu Bibi started visiting the house of the appellant on the plea of visiting her sons. Dispute cropped up between Ferbanu Bibi and the appellant over the issue of visit of Noor Banu Bibi. In the meantime Ferbanu Bibi became pregnant and she was pregnant for 10 months at the time of such occurrence. The foetus also died due to the death of Ferbanu Bibi on 21st day of September, 2010. All the accused assaulted Ferbanu Bibi and the appellant assaulted Ferbanu Bibi with the help of other accused persons. The appellant strangulated Ferbanu Bibi with the thick silver chain she was wearing and thereby committed murder of Ferbanu Bibi. The father of Ferbanu Bibi came to know about such incident over a phone call from an anonymous person and rushed to Mathabhanga hospital. The dead body of his daughter with marks of strangulation was found lying in the hospital. De facto complainant lost his orientation and he was mentally shattered. On gaining his orientation after some time, he had been to Mathabhanga police station to make enquiries and came to know that police did not take any action. The de facto complainant was mentally shattered on account of death of his daughter and he was busy in performing the last rites of his daughter and that is why there was delay in lodging the complaint. On the basis of such written complaint Mathabhanga Police Station case No. 257/2010 dated 9th October, 2010 was started under Section 498A and 302 of Indian Penal code. After completion of investigation, the investigating officer submitted charge sheet against the appellant and 3 others.

6. Trial Court after hearing both sides and considering the materials on record framed charge under Section 302 and 498A of Indian Penal Code against the appellant and 120B/302 of Indian Penal Code against the remaining 3 accused person