USHA RANI KALITA Vs. STATE OF ASSAM

JUDGEMENT

(1.) ORDER dated 05.05.2011 passed by learned Sessions Judge, Kamrup, Guwahati in Sessions Case No. 393 (K) of 2010 is put under challenge in this criminal petition. By the order as indicated above, petitioner, Smt. Usha Rani Kalita and another namely, Dr. Hiren Kalita were charged under Section 120(B) IPC. By the aforesaid impugned order an independent charge under Section 302 IPC was also framed against Dr. Hiren Kalita. Dr. 1-firen Kalita however is not before us.

(2.) PETITIONER herein is the aunt of Dr. Hiren Kalita, a co-accused of the Sessions Case No. 393(k) of 2011. Both are under the same roof. Indrani Kalita @ Moni (Since deceased) was given in marriage with accused Dr. Hiren Kalita. During their conjugal life they visited the house of the first informant number of times. On 5.11.2006 both Indrani Kalita @ Moni and accused Dr. Hiren Kalita had been to informant's residence situated at Hemgiri Path, South Sarania, Ulubari, Guwhati-7 under Paltan Bazar Police Station and stayed for some time. On account of bursting of bomb on the same night at about 8 pm at Guwahati, the inmates of the first informant requested accused Dr. Hiren Kalita and his wife, Indrani Kalita @ Moni (since deceased) not to leave Guwahati. But accused, Dr. Hiren Kalita contending that he had some important business at Mirza did not want to stay for the night rather insisted on to go back to their residence situated at Mirza and accordingly left along with his wife said Indrani Kalita @ Moni (since deceased). At about 9.15/9.30 pm an unknown person made a telephone call that Dr. Hiren Kalita and his wife were shot at by some unknown culprit(s). Receiving the information through telephone, the first informant and others immediately proceeded and found Indrani Kalita @ Moni lying dead in front seat of the vehicle found stationed in front of the police station. However, accused Dr. Hiren Kalita, the husband of Indrani Kalita @ Moni was not found there. On search about his where about, he was discovered in the residence of his aunt, the petitioner herein taking rest. It is also contended that in the morning said Dr. Hiren Kalita, the husband of Indrani Kalita @ Moni came to see the dead body of his wife at the instance of his brother. After seeing her dead body he left immediately. From the conduct that exhibited by Dr. Hiren Kalita, some foul play, was suspected. . It was also suspected that at the instigation of Dr. Hiren Kalita's aunt, the present petitioner, Indrani Kalita @ Moni had been killed.

(3.) WE have heard Mr. A. K. Bhattacharjee, learned Sr. counsel, Mr. J. M. Choudhury, learned Sr. counsel assisted by Mr. B.M. Choudhury for the petitioner. WE have also heard Mr. B. B. Gogoi, learned Addl. P.P for the State respondent No.1 and Mr. B.D. Konwar, learned counsel for the respondent No. 2, Sri Mohi Kanta Das, the first informant.