REJIA KHATUN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. K.H. Choudhury, learned senior counsel who has been appointed by this Court as amicus-curiae, assisted by Mr M.A. Sheikh, learned counsel for the petitioner. Also heard Mr H.K. Mahanta, appearing on behalf of the State Government.

(2.) This is a case of 1995. Despite the notice issued on the Government counsel who accepted the same on 1.9.95 at the time of issuing rule, no affidavit-in-opposition has been filed as usual, nor has any record been producep on behalf of the respondents where the matter has been taken up for hearing. Since no affidavit-in-opposition is forthcoming on behalf of the State respondents, in view of the settled position of the law laid down in the case of Naseem Bano Smti- Vs-State of Uttar Pradesh & Other reported in AIR 1993 SC Page 2592, the averments made in this writ petition are deemed to be accepted by the State respondents.

(3.) The case of the petitioner in this writ petition is that her husband Late Md. Azgar Ali was appointed as Assistant Teacher at Koladuba Muktab with effect from 24.11.1961 and lateron he was made permanent Headmaster in the said school with effect from 26.9.1963. While the petitioner's husband was working as Headmaster in the said school, he was involved in a criminal case i.e. G.R. Case No. 1731/80 under Section 302/34 IPC and accordingly, he was convicted in the said case vide judgment and order dated 19.3.87 passed by Sessions Judge, Nagaon, in Sessions Case No. 62(N) 81 under Section 302/34 IPC alongwith four others and sentenced to suffer imprisonment of life and to pay fine of Rs.200/-- (Rupees two hundred) each. Being aggrieved by the said judgment and order referred above, the husband of the petitioner alongwiith others preferred a criminal appeal being No. 65! 1987 before this Court. But during the pendency of the said criminal appeal, the husband of the petitioner Md. Azgar Ali died and the said appeal as regards the appellant Mr Azgar Ali was abated.