USHA KONWAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) The appeal, against the impugned judgment dated 6.9.2007, is preferred from jail by the sole appellant who was found guilty and convicted of the offence under Section 302, IPC by the learned Sessions Judge, Dibrugarh, Assam, in Sessions Case No. 140/2005 and sentenced to life imprisonment with a fine of Rs. 1,000 only, in default thereof, imprisonment for another 15 days.

(2.) We have heard Ms. R.D. Mazumdar, learned amicus curiae, appearing for the accused appellant and Mr. D. Das, learned Public Prosecutor, appearing for the State of Assam.

(3.) The prosecution story, in brief, is that on 19.8.2005 at about 9:30 a.m., the appellant inflicted cut injury, with the help of a sharp dao, on the neck of the deceased Puspa Konwar who was the husband of the appellant and thereafter, he was hit on the head with an iron hammer and as a result, the deceased sustained serious injuries. From the place of occurrence, i.e., Sessa Tinali, under Barbaruah PS, the injured Puspa Konwar was taken to Barbaruah Police Station by one Shri Kamal Bora and another Shri Baba Ganju @ Gogoi, in a jeep, and informed the O.C. of Barbaruah Police Station, Dibrugarh, that the deceased was injured by his wife, the accused appellant Smt. Usha Konwar. Thereafter, as directed by the O.C., the deceased was taken to Assam Medical College where he succumbed to his injury. One Shri Keshab Konwar, the nephew of the deceased, lodged a written Ejahar on 19.8.2005 to the O.C. of the Barbaruah Police Station. who, on receipt of the Ejahar, made a GD entry No. 539 dated 19.8.2005, and thereafter, Barbaruah P.S. Case No. 76/2001 was registered under Section 302, IPC. Police investigated the case, inquest was held, post mortem was performed, the weapons of offence namely, one pruning dao and one iron hammer were seized and evidence of witnesses were recorded.