Establishing homicidal death through circumstantial evidence—motive, last-seen proximity, and forensic analysis of mechanical asphyxia—proves guilt even when specific medical indicators like hyoid bone fractures are absent, provided the chain of circumstances leaves the accused as the sole plausible offender.

Judgment :

Rajasekhar Mantha, J.

1. The subject appeal is directed against the judgment of conviction dated December 5th, 2016 and order of sentence dated December 6th 2016 passed by the Additional Sessions Judge, Fast Track Court, Haldia Purba Medinipur in Sessions Trial No. 89 of 2014. The appellant was convicted under sections 302 and 498A, IPC.

2. For the commission of the offence under Section 302, IPC, the appellant was sentenced to a rigorous imprisonment for life and pay a fine of Rs. 10,000/-. In default, to further undergo a rigorous imprisonment for 6 months.

3. For the offence under Section 498A, IPC, he was sentenced to rigorous imprisonment for 2 years and pay a fine of Rs 10 000/-. In default, he was to further undergo a rigorous imprisonment for 6 months. The 50% of the fine amount, if realized, was directed to be paid to PW 1, the father of the victim.

THE PROSECUTION CASE AND EVIDENCE ON RECORD

4. The husband of the victim strangulated the latter to death at her matrimonial home. The victim failed to bring money from her parental home. Prior to the death of the victim, the appellant used to torture her since she protested against the extra-marital affairs of the appellant. The appellant was the permanent employee of the India Oil Corporation.

5. On June 6th, 2013, around 7 A.M., the appellant informed PW 1, the father of the victim, over the telephone that the victim had committed suicide. PW 1 reached the PO and found that the victim is lying dead on the floor. He found a napkin is hanging over the ceiling fan.

6. PW 1 came to learn from his grandson, PW 10, that the appellant, on the last night, had taken the victim to a separate room, drew them out (children of the victim), and mercilessly beat the victim. The victim was crying for help, which, however, stopped after some time.

7. Based on the above, PW 1 lodged the complaint dated June 7th, 2013. It culminated into the FIR no. 75 of 2013 dated June 7th, 2013, under Section 498A and 302 of the IPC, lodged by Haldia PS, Purba Medinipur.

8. The inquest on the body of the victim and PO was conducted on June 6, 2013, by PW 8, the ASI of the said Haldia PS. The inquest report recorded that the appellant found the victim hanging from the ceiling fan. The victim hanged herself by a napkin. It found one black bent mark on the throat of the victim. The victim was found wearinga sanitary pad. A black coloured T-shirt and white pyjama were lying near the body of the victim kept on the floor.

9. The inquest report indicates that the witnesses present at the PO have stated that the victim has committed suicide. PW 1, the father of the victim, was an inquest witness.

10. Post mortem was conducted on June 6th, 2013, by PW 12. He has deposed that the death was caused by violent asphyxia. The death is most likely homicidal. Some scratch marks were fou