IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.30236 of 2008 ZAKIR ANSARI @ ZAKIR MIAN Versus STATE OF BIHAR ----------- 3. 2.12.2008 Heard Sri Vijay Kumar Singh No-I, Advocate for the petitioner and the learned A.P.P. for the State. The petitioner is the husband of the deceased, namely, Shahjahan. The allegation is that he strangulated the lady and thereafter, with intent to destroy the evidence set the dead body on fire. There is many statements supporting the basic prosecution case. The reason being that the petitioner was suspecting the lady of carrying relationship with some persons. The learned counsel appearing for the petitioner was highly critical of the prosecution’s allegations and was suggesting to the court that if at all so many persons were witnessing the brutal act being committed before them why won’t any one of them could intervene to save the deceased. The contention was that the petitioner by circumstances is compelled to live outside his house and the lady developed some relationship and might be that some of her paramours had, out of enmity, committed the offence. I do not want to touch upon the central theme of the argument of persons not coming out to save the lady. There could be reasons to many including the total detached, indifferent, attitude prevailing among us to interfere in such matters. As regards the defence, that appears the motive as well. The basic prosecution allegation that the dead body was set on fire after the - 2 - lady had been strangulated gets support from the medical evidence. The burn injuries were found postmortem. The doctor has been very diligent in indicating the features upon which he could come to a conclusion and the court approves of the reasons assigned by the doctor. It is not stated by the doctor in so many words but when one peruses the internal examination part of the head and neck of the detailed in the postmortem report one could come to a very simple conclusion that there was the fracture of the larangeal cartilges surrounded by burusing of surrounding muscles and vessels which could be suggestive of the lady being strangulated to death. Regard being had to the facts as indicated above, I do not find any merit in the petition. The same is dismissed. B.Kr. ( Dharnidhar Jha, J. )