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IN THE HIGH COURT OF GAUHATI (AGARTALA BENCH)
P.G. Agarwal and Tinlianthang Vaiphei, JJ.
Md. Yakub Ali – Appellants
Vs.
State of Tripura – Respondent
Crl. Appl. No. 17 of 1998
Decided On: 29.04.2004
Section 302 IPC - Criminal Appeal - Regulation 306 of the Police Regulations of Bengal 1943 - The court discussed the admissibility of the post mortem report, the interpretation of Section 62 of the Evidence Act, and the relevance of the medical evidence in establishing the cause of death. The court also applied the five golden principles for proof in a case based on circumstantial evidence and emphasized the importance of motive in the case.
Fact of the Case:
The deceased was found hanging in her hut, and the appellant was convicted under Section 302 IPC based on circumstantial evidence and the motive of the accused's criminal activities.
Finding of the Court:
The court found the accused guilty based on the established circumstances and ruled out other contingencies. The court emphasized the importance of motive and affirmed the conviction and sentence of the accused appellant.
Issues: Admissibility of post mortem report, interpretation of Section 62 of the Evidence Act, relevance of medical evidence, and establishment of motive.
Ratio Decidendi: The court applied the five golden principles for proof in a case based on circumstantial evidence and emphasized the importance of motive in establishing guilt.
Final Decision: The appeal was dismissed, and the conviction and sentence of the accused appellant were affirmed.
1. Heard Mr. D.C. Roy, learned counsel appearing on behalf of the appellant. Also heard Mr. D. Sarkar, learned public prosecutor.
2. This criminal appeal under Section 200 Cr.P.C. is directed against the judgment and order passed on 17.1.1998 by the learned Sessions Judge, North Tripura, Kailashahar in Sessions Trial No. 23(NT/K) of 1996 whereby the accused appellant Md. Yakub Ali was convicted under Section 302 IPC and sentenced to imprisonment for life and to pay a fine of Rs. 1000 in default to R.I. for another six months.
3. The prosecution allegation, in short, is that Yakub Ali had married Nehrunessa (deceased) about 4/5 years ago prior to the date of occurrence and they used to live together as husband and wife in a separate hut situated nearby another hut occupied by the parents of the appellant. On 6.5.1996 the dead body of the said Nehrunessa was found hanging in her house whereupon the matter was informed to the police and the dead body was sent for post mortem examination and on FIR being lodged, Kailashahar P. S. Case No. 84 of 1996 was registered.
4. There is overwhelming oral evidence on record to show that the dead body of the deceased Nehrunessa was found hanging in her hut which was occupied by her along with her husband. P.W. 11 is the doctor who held - the autopsy over the body of Nehrunessa and found as follows :
1. "Both legs just above the ankle joint (Abrasion) blood clotted present downwards.
2. Abrasion marks on the left wrist joint and right side of the neck.
3. These bruising immediately above and below the groove of those injuries. The injuries in the neck was transverse, completely encircling the neck, scene low down in the neck below the thyroid cartilage. The base is soft and reddish and the dead-body was decomposed.
On examination of her scalp, membranes etc. those were found healthy.
On examination of thorax, walls, ribs and cartilages and pleurae, pericardium, those were found healthy. But, on examination of larynx squeezed. The right lung was found congested and showed ecchymoses, left lung was also found like right lung. The right side of the heart was full of dark fluid and the vessels were also found dark fluid blood.
On examination of abdomen, everything was found healthy, but in the mouth, phabyax and oesophagus, face was found congested, livid and marked with petechiae and on examination of organs of generation external, and internal, external organ was healthy, but internal organ, i.e., uterus size was 8 to 10, weeks ( Approx) pregnancy.
On examination of the muscles, bones and joint, it is found that right side of the neck, both lower extremity just above the ankle joint and superior extremity of the left side above the writ joint, abrasion and ecchymoses at the edges of the ligature mark, fracture found on the larynx and trachea and neck muscles stretched.
The ligature mark was transversed completely, encircling the neck seen low down in the neck below the thyroid cartilage. The base was soft and reddish. Abrasion and ecchymoses found at the edges of ligature mark and bruise of the neck muscles. Ecchymosed, subcutaneous tissues under the mark, carotid arteries damaged, fracture of thyroid cartilage, larynx and trachea. The face was congested livid and marked with petechiae. The neck muscles elongated. Bleeding from the nose, mouth and ears. The saliva was found absent. The ligature around the neck with more than one knots."
5. Exbt. P 6 is the post mortem report under the signature of the doctor. In the opinion of the doctor, death may be due to combined asphyxia and apoplexy as a result of strangulation by a ligature.
6. Learned counsel for the appellant has raised preliminary objection regarding admissibility of the post mortem report stating, inter alia, that the post mortem report Ext. P-6 being a carbon copy, it is not admissible in evidence. Learned counsel has placed reliance on a decision of the Apex Court in the case of Vijender v. State of Delhi. In the above Vijender case (sup
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