Wife Strangulated For Protesting Against Husband's Extramarital Affair: Calcutta High Court Upholds Murder Conviction
The Calcutta High Court has upheld the conviction and life sentence of a man for murdering his wife by strangulation, holding that the medical evidence, “last seen” circumstances, and proof of a strained marital relationship arising out of the husband's alleged extramarital affairs formed a complete chain pointing to guilt.A Division Bench of Justice Rajasekhar Mantha and Justice...
The Calcutta High Court has upheld the conviction and life sentence of a man for murdering his wife by strangulation, holding that the medical evidence, “last seen” circumstances, and proof of a strained marital relationship arising out of the husband's alleged extramarital affairs formed a complete chain pointing to guilt.
A Division Bench of Justice Rajasekhar Mantha and Justice Rai Chattopadhyay dismissed the appeal filed by Manindra Nath Mishri against his conviction under Sections 302 and 498A IPC in connection with the death of his wife at their matrimonial home in Haldia in June 2013.
The prosecution case was that the appellant used to torture his wife for money and because she objected to his alleged extramarital relationships. On June 6, 2013, the victim was found dead inside the matrimonial home, with a towel hanging from the ceiling fan.
The Court relied heavily on the post-mortem findings, which indicated that the death was homicidal and caused by violent asphyxia due to constriction of the neck. The Bench noted several indicators inconsistent with suicide by hanging, including the absence of saliva dribbling, a horizontal ligature mark, reddish soft tissue around the neck, and scratch marks on the victim's body.
Rejecting the defence argument that the intact hyoid bone ruled out strangulation, the Court referred to Supreme Court precedents and observed that fracture of the hyoid bone is not mandatory in every case of strangulation, particularly where the victim is below 40 years of age.
The Bench extensively discussed the medical distinction between hanging and strangulation, relying on the Supreme Court's judgment in Javed Abdul Rajjaq Shaikh v. State of Maharashtra. It observed that in strangulation, the ligature mark is typically “horizontal or transverse continuous” and the external signs of asphyxia are more pronounced.
The Court further held that the prosecution had successfully established the motive behind the crime through evidence showing marital discord and allegations of extramarital affairs. Although some neighbours turned hostile during trial, the Bench found that their earlier police statements corroborated the victim's complaints about torture and abuse.
The couple's minor son also deposed that his parents had quarrelled on the night before the victim's death. The Court treated this as an important link in the chain of circumstances.
Holding that the appellant was the only adult present in the house with the physical capability and motive to commit the crime, the Court concluded:
“The irresistible conclusion that flows from the medical evidence, evidence of PW 1, 2, 4, 5, 6, and 7 and the last seen theory is that the appellant has committed the murder of the victim.”
Accordingly, the Court upheld the conviction and dismissed the criminal appeal.
Case Title: Manindra Nath Mishri v. State of West Bengal & Anr.
Case No.: CRA 719 of 2016