KALPANA BAISHYA Vs. STATE OF ASSAM

JUDGEMENT

(1.) The judgment and order dated 29.04.2016, passed by the learned Sessions Judge, Nalbari, Assam in Sessions Case No. 69/2013 (G.R. Case No. 100/2013(8)), convicting the accused-appellant under Section 302 of the Indian Penal Code (IPC, in short) and sentencing her to suffer imprisonment for life and to pay a fine of Rs. 2,000/- (Rupees two thousand), in default, to suffer further imprisonment for a period of 2 (two) months, is the subject matter of challenge in the instant jail appeal.

(2.) The prosecution was set in motion by an Ejahar (Exhibit-1) dated 28.03.2013, lodged by one Smti. Arati Baishya (PW.2), wife of Dilip Baishya, resident of Adabari Kanimara Supa, Police Station-Mushalpur, District-Baksa (BTAD), Assam before the Officer-in-Charge, Mushalpur Police Station alleging, inter-alia, that on 28.03.2013 at around 11:00 a.m., her covillager Kalpana Baishya strangled her husband Sada Baishya with a sari and kept his body on a bed. In the said Ejahar, the informant had further mentioned Smti. Saraswati Baishya (PW.1), a resident of the same village, as an eyewitness.

(3.) On receipt of the aforesaid Ejahar on 28.03.2013, the Officer-in-Charge, Mushalpur Police Station registered a case being Mushalpur Police Station Case No. 26/2013 under Section 302, IPC and the investigation in respect of the death of the deceased, Sada Baishya was started. A corresponding G.R. Case was also registered being G.R. Case No.100/2013(8). In the course of investigation, the Investigating Officer (I.O., in short) arrested the accused on 29.03.2013.