KULSU BIBI Vs. STATE OF ASSAM

JUDGEMENT

(1.) The Criminal Appeal (J) No. 4/2018, has been preferred by accused-appellant Smti. Kulsu Bibi, against the judgment and order, dated 22.09.2017, in Session Case No. 88/2015, passed by the learned Sessions Judge, Karimganj, convicting and sentencing her for offence punishable under Section 302 of the IPC to rigorous imprisonment for life and to pay a fine ofRs 500/-, and in default of payment of fine, to undergo simple imprisonment for 1 (one) month.

(2.) The prosecution case, as appears from the FIR, marked as Ext-2, is that, thedeceased Sufiana Begum was married to Sri. Sabel Ahmed about 8-9 years back. Thereafter,the deceased resided with the accused persons in her matrimonial house. The accusedpersons subjected her to torture. At about 4:00 am, on the date of occurrence, the victimsustained burn injuries after she was called by her mother-in-law. She was set on fire, afterpouring kersone over her body, by the accused-persons. This fact was told to the informantby the deceased. On such facts, the PW2 Tajamul Ali lodged the FIR, vide Ext.-2, against theaccused persons named therein.

(3.) On receipt of the FIR through Longai Police Outpost, the Karimganj Police Station registered a case, being Kmj. PS C/N-491/14 under Sections 498-A/307 of the IPC. However, during the course of investigation, the victim died and therefore Section 302 of the IPC wasadded. The Police investigated into the case, collected evidence, and finally, on completion of investigation, laid the charge-sheet against the accused-appellant under Section 302 of the IPC. No evidence could be found, during investigation, against the other accused-personsnamed in the FIR.