Extrajudicial confessions made voluntarily before independent witnesses can support a murder conviction, even in the absence of a clear motive, if corroborated by medical evidence.

JUDGMENT :

Rajasekhar Mantha, J.:

1. The instant criminal appeal has been argued for two full working days in its entirety.

2. The appeal arises out of a judgment of conviction dated 26th September, 2013 and sentence dated 27th September, 2013 passed by the learned Additional District & Sessions Judge, Fast Track, 2nd Court at Malda in Sessions Trial No. 8(3) of 2013 arising out of Sessions Case No. 54 of 2013 wherein the appellant was convicted under Section 302 of the Indian Penal Code to suffer Rigorous Imprisonment for life and Rs.5,000/- as fine. The appellant was additionally convicted to suffer Rigorous Imprisonment for six months, in default of payment of fine.

3. The prosecution case is that, late in the night on 27th October, 2012, the appellant and her husband were alone in their residence. They were labourers, who worked at Hyderabad. While at Hyderabad, the husband of the appellant (victim) developed a brain tumour. They came back to their village in Dalla under Habibpur Police Station in the District of Malda. Since then the victim ran a tea stall in the village.

4. On the fateful night, the appellant had been found to have strangulated her husband with a ‘gamchha’ (commonly used full thin light but towel in the eastern part of the country).

5. The appellant was found crying when her neighbours, namely, PW-4 (Sarathi Mondal), PW-5 (Prova Biswas) and PW-6 (Ranjita Mondal), three ladies who were living in the vicinity of about two houses from the place of occurrence, arrived. The victim was found lying motionless. The appellant was crying next to him. The appellant is stated to have immediately confessed to PW-4, PW-5 and PW-6 that she strangulated and killed her husband with a gamchha. She is stated to have asked them to save her. Some local people had already assembled at the house.

6. PW-3 a local cultivator, resident of the village and a past Member of the local Panchayat Samity also was informed and came to the place of occurrence. He is stated to have called Habibpur Police Station an hour after the incident. The body of the victim was found lying in the Varandah of the house. It was covered with a cloth.

7. The police are stated to have arrived at 9 AM on the following day. The Post Mortem Doctor (PW-8) has stated in his report that the inquest was conducted at 9 O’clock in the morning, the next day of the incident i.e. 28th November, 2012. At about 9:35 A.M., PW-2 is stated to have written the complaint addressed to Habibpur Police Station on the instructions of PW-1. The FIR was registered at about the same time i.e. at 9:35 A.M. Admittedly Habibpur Police Station is at a distance of 14 kilometers from the place of occurrence.

8. The inquest report was signed by PW1 and PW-2 and a couple of independent witnesses. The Post Mortem Doctor was of the opinion that the death of the victim was homicidal in nature. He gave a detailed report of the injuries on the body of the victim.

The findings and opinion of the Post Mortem Doctor is as follows:

“On examination I found –

Rigor mortis and cyanosis present, mouth closed, scales present over abdomen with inguinal area, eyes closed, natural orifices healthy.

External injuries –

1. old abrasion present over a) right fore arm measuring 8 inches/1 1/8 inches b) left elbow ¼ inch x ¼th inch c) left wrist ¼ inch x ¼ inch.

2. one bail scratch mark cresentric in shape present over left wrist

3. lacerated wound present over inner surface of lower lip measuring 1/8 inch x 1/8th inch

4. evidence of injection mark present over left lateral arm, on dissection, extravasation of blood diffused in the soft tissue

5. one very faint mark of ligature around the neck placed at the level of thyroid cartilage, continuous, transverse in direction. The skin under the ligature shows very faint brownish in colouration and abrasion. On dissection the sub cutaneous tissue shows extra-vassation of blood defused in the soft tissues of neck, more prominent in left side of neck tissues. Haematoma present in Sterno