Credible eyewitness testimony can sustain a conviction for uxoricide even against conflicting medical evidence, establishing guilt beyond reasonable doubt.

JUDGMENT :

MANISH CHOUDHURY, J.

1. This criminal appeal from Jail under Section 383 , Code of Criminal Procedure, 1973 [‘the Code’ and/or ‘CrPC’ for short] is directed against a Judgment and Order dated 18.07.2019 passed by the Court of learned Sessions Judge, Dima Hasao, Haflong in Sessions Case no. 01/2017 [corresponding to G.R. Case No. 64/2016]. By the Judgment and Order dated 18.07.2019, the learned Sessions Judge, Dima Hasao, Haflong has convicted the appellant under Section 302 , INDIAN PENAL CODE [IPC] after finding him guilty of uxoricide and he has been sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.10,000/- in default of payment of fine, to undergo simple imprisonment for three months.

2. The investigation was set into motion on lodgment of a First Information Report [FIR] before the Officer In-Charge, Maibang Police Station on 31.10.2016 by the informant, Asha Kurmi [P.W.1]. In the FIR, the informant-P.W.1 had inter alia alleged that at about 10-00 p.m. on 30.10.2016, the accused-appellant had inhumanly tortured her daughter, Baby Telepathar [the deceased] who was the wife of the appellant, and caused injuries on her head and other parts of her person with a wooden stick. Baby Telepathar was immediately shifted to Maibang Civil Hospital and it was during medical treatment, Baby Telepathar died at the hospital at about 03-00 a.m. on 31.10.2016.

3. On receipt of the FIR, the Officer In-Charge, Maibang Police Station registered the same as Maibang Police Station Case no. 24/2016 under Section 3 02 , IPC and took up the investigation himself. During the course of investigation, the appellant was arrested. The I.O. [P.W.9] prepared a Sketch Map of the Place of Occurrence [P.O.] [Ext.-4] and seized one wooden stick vide a Seizure List [Ext.-1]. The deadbody of the deceased was forwarded to Haflong Civil Hospital for Post-Mortem Examination [PME]. The statements of the witnesses were recorded under Section 161 , CrPC. The Post-Mortem Examination [PME] on the deadbody of the deceased was performed on 31.10.2016. The I.O. [P.W.9] after completing investigation, submitted a charge-sheet under Section 173[2], CrPC vide Charge-Sheet no. 21 dated 30.11.2016 finding a prima facie case against the appellant for committing murder of his wife.

4. On submission of the Charge-Sheet, the appearance of the appellant was secured by the committal court from custody. Copies were furnished to the appellant in compliance of Section 207 , CrPC. Thereafter, the case records of G.R. Case no. 64/2016 was committed to the Court of Sessions by an Order of Commitment dated 24.01.2017. On receipt of the case records of G.R. Case No. 64/2016, the Court of Sessions registered the same as Sessions Case No. 01/2017.

5. Before the Court of Sessions, the case was opened by the learned Public Prosecutor as per Section 326 , CrPC. After hearing the learned Public Prosecutor and the defence counsel; and upon perusal of the materials on record; the learned Court of Sessions [‘the Trial Court’] proceeded to frame the following charge against the appellant on 07.12.2017 :-

That you, on or about the 30.10.2016 at about 10 PM at Village – Saiding, P.S. – Maibong, caused injuries on the person of your wife Baby Telephator and as a result she died later on, and that you thereby committed murder by intentionally causing the death of Baby Telephator and thereby committed an offence punishable under Section 302 I.P.C., The INDIAN PENAL CODE and within my cognizance.

6. The charge so framed w