NIRU DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A.M. Bora, learned Counsel appearing for the accused Appellant. Also heard Mr. B.B. Gogoi, learned Addl. P.P. Assam.

(2.) This appeal has been preferred by the Appellant against the judgment and order dated 31.3.2003 rendered by learned Sessions Judge, Nagaon in Sessions Case No. 5(N)/2001 convicting the accused Appellant under Section 304(A), IPC and sentencing her to undergo SI for 3 months.

(3.) The prosecution case, in brief, is that on 30.7.1999 one Shri Ajit Borah brother of the deceased lodged an FIR with the officer in-charge of Morikolong Police Outpost informing that his unmarried sister Arati Bora died in the house of accused Appellant Smt. Niru Das, a mid-wife attached to Nagaon Civil Hospital, while conducting delivery of a child in her house. On the basis of the said FIR a crime being Nagaon P.S. Case No. 524/99 was registered under Section 314, IPC and after completion of investigation, charge sheet was submitted against the accused Appellant under Section 314, IPC. The corresponding G.R. Case No. 1262/99 was committed to the Court of Sessions, Nagaon for disposal. The learned Court of Sessions framed charge against the accused Appellant under Section 314, IPC which on being read over and explained, the accused Appellant denied the charge and pleaded not guilty. The learned trial court on completion of the trial and on consideration of the evidence and materials on record and upon hearing the learned Counsel for the parties, convicted and sentenced the accused Appellant as already mentioned above.