PORTHMI BTHUH Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) By this appeal, the appellant has impugned the judgment and order dtd. 31/8/2021, passed in Session Case No.13 of 2013 by the learned Additional Deputy Commissioner (Judicial), West Jaintia Hills District, Jowai, convicting and sentencing the appellant to life imprisonment for both the offences under Ss. 302 and 326 of the IPC i.e. for causing the death of Kor (appellant's husband) and for causing grievous hurt to her daughter aged 2 years eight months. The appellant was however acquitted of the offence under Sec. 302 for allegedly causing the death of her son, aged four years.

(2.) Pursuant to the said incident, PW8- the headman of village Amlari lodged an FIR being P.S. Case No.9(03) of 2003 with the Jowai Police Station, alleging offences punishable under Ss. 302 and 326 of the IPC as against the appellant. After investigation, police filed chargesheet in the said case. Since the case was Session triable, the case was committed to the Court of Sessions for trial. The court framed charges against the appellant for the offences punishable under Ss. 302 and 326 of the IPC i.e. for causing the death of her husband and son and for causing injuries to her daughter. The appellant pleaded not guilty to the same and claimed to be tried.

(3.) The prosecution in support of its case, examined eight witnesses: