Manojit Bhuyan, J. - (1.)The sole appellant Baser Ali Khan has been convicted for committing offence under Section 302 of the Indian Penal Code and sentenced to rigorous imprisonment for life with fine and default stipulations for causing the death of his wife Firoza Khatun, aged about 18 years by inflicting cut injuries caused by sharp weapon i.e. a dao.
(2.)Ejahar (Ext.-5) in the case was lodged by Saber Ali (PW1) on 05.03.2004 stating that his younger sister Firoza Khatun was married to the appellant about 7 (seven) months prior to the incident. On 05.03.2004 at around 5 A.M., the appellant on instigation by other accused, killed his sister by hacking her on various parts of her person with dagger. The said ejahar was registered as Bilasipara P.S. Case No. 28/2004 under Sections 302/34 IPC. Investigation commenced, charge memos were drawn, autopsy was done on Firoza Khatun and eventually charge sheet was submitted against the appellant. The case was committed to trial.
(3.)During the trial, the prosecution examined as many as 12 (twelve) witnesses, including the official witnesses who are Biswajit Goswami (PW-8), Dr. N.K. Choudhury (PW-9), Syed Moktabar Rahman (PW-11) and Bibu Mazumdar (PW-12). According to PW-9 who is the Medical Officer and had performed autopsy, recorded as many as 7 (seven) injuries on the person of Firoza Khatun, the particulars of which are (1) one lacerated wound of 10" X 2" X 1" size present on both sides of face. (2) Another lacerated wound of 10" X 2" X 1" size present on left side of face (3) One cut wound of 2" X " X 1" X 1" size present on both sides of face. (4) Rt. Ear lobe is cut size 1' X ". (5) One cut injury size 3" X 1" X 1" on left leg. (6) One cut injury of 3" X 1" X 1" size on left leg & (7) left middle, ring & index fingers are cut. In the opinion of the Medical Officer, death was due to injury sustained by the deceased caused by sharp weapon. Ext-4 is the Post-Mortem Report. PW-11 deposed as the Investigating Officer in the case and stated that Firoza Khatun had sustained stab injuries and that he had also seized a dao from the house of the appellant. The Inquest Report which had been prepared by PW-8 as the Circle Officer stationed at Bilasipara also recorded that he found cut injuries on the body of Firoza and that the said injuries had not been caused by tin sheets.