MINARA KHATUN Vs. STATE OF ASSAM

JUDGEMENT

(1.) IN challenge is the judgment and order dated 27.08.2004 passed by the learned Sessions Judge, Bongaigaon in Sessions Case No. 54 (J) of 2003, whereby and whereunder appellant Minara Khatun was convicted under Section 302 IPC and sentenced to undergo imprisonment for life and to pay fine of Rs. 1000/- in default to suffer rigorous imprisonment for another 6 (six) months.

(2.) UNNATURAL death case (for short UD Case) No. 11 of 2001 was registered on 28.12.2001 at Jogighopa Police Station on filing of an information in writing by one Md. Muhammad Ali, S/o. Lata Ajgar Ali of Bharalukundi, PS.-Jogighopa, wherein it was alleged that on the night of 27.12.2001 around 8 pm on his return home he found his only son Amir Hussain aged 4 (four) years lying dead in his residence. He also stated in the said information that on 27.12.2001 he left for his work place at 7 a.m. He lodged the information with the police to make thorough investigation about the cause of death of his only son. Police visited the place of occurrence (for short P.O.) and conducted inquest on the dead body of Amir Hussain. Inquest was conducted by Sri. Lakheswar Pathak (PW 8), ASI of Police. Post mortem examination on the dead body was conducted by Dr. Shyamalendu Das (PW 9). During post mortem examination having discovered finger marks on the left side of the neck obliquely downward and outward and one below the other and the fracture of trachea, doctor opined that death was due to asphyxia as a result of manual compression of the neck, which was ante mortem and homicidal in nature. On the basis of the opinion so recorded by Dr. Shyamalendu Das (PW 9), Sr. Siddheswar Halder, ASI of police of Jogighopa Police Station lodged an FIR (Ext. 2) with the Officer-in-Charge of Jogighopa Police Station. Jogighopa Police Station Case No. 21 of 2002 was registered accordingly under Section 302 IPC.

(3.) THIS appeal came to be listed before a Division Bench of this Court on 01.03.2011 and the bench taking note of the age of the appellant recorded on 10.08.2004 as 21 years and the commission of the offence on 27.12.2001 directed the Superintendent of District Jail, Abhayapuri to produce the appellant before a Medical Board to be constituted by the Superintendent of Gauhati Medical College and Hospital (for short GMCH) for determination of her age in terms of Section 7 (A) of the Juvenile Justice (Care and Protection of Children) Act, 2000 hereinafter referred to as the Act, 2000 and to submit a report to this Court or before 28.03.2011 with further direction to the State of Assam to bear the expenses for carrying out the test. The appellant having been produced before the Medical Board so constituted by Superintendent of GMCH on 16.03.2011at 4:15 pm, the board examined her and submitted a medical report with the Registry of this Court on 25.3.2011. On the basis of the physical examination and radiological investigations, the Board opined that Minara Khatun, the appellant was above 25 years on the date of her examination i.e. on 16.03.2011. It appears from the order passed by the Divison Bench of this Court that the question of juvenility of the appellant was raised on the date i.e. on 01.03.2011 for the first time.