L.NAGESWARA RAO,J. - (1.) The present Criminal Appeal arises from the judgment of the High Court of Calcutta by which the conviction of the Appellant under Section 302 read with Section 34 and Section 201 read with Section 34 of the Indian Penal Code (hereinafter referred to as the IPC') was affirmed.
(2.) On 20.03.1984, a phone call was received from Bhaskar Gupta, PW 6 by Rajarhat Police Station that a dead body was found in a well inside the garden. The Investigating Officer PW 20, reached the place of occurrence at 6.05 p.m. and saw a body floating in the well. The dead body could not be taken out as it was dark by then. A First Information Report was registered and the sketch map of place of incident was prepared. The body was brought out of the well the next day.
(3.) PW 18 Dr. Santosh Kumar Biswas conducted the post-mortem of the body on 21.03.1984. He found the following injuries: "1. One circular ligature mark on the neck at the level of hyoid bone. The width of the ligature mark was 2". On dissection I found that below, above and beneath the ligature mark all the soft tissues were damaged and I also noticed fracture of hyoid bone. 2. Two ligature marks on both the wrist joints of the deceased. There was no damage of soft tissues in this region. 3. Two circular ligature marks were seen in both the ankle joints of the deceased." According to the Doctor, the body was partially decomposed. The cause of death was mentioned as Asphyxia as a result of injury No.1 which was ante- mortem and homicidal in nature which was done by strangulation. The Doctor deposed in Court and stated that the larynx and trachea were highly congested and hyoid bone was fractured. ;