STATE OF ARUNACHAL PRADESH Vs. BISALU TAYENG

JUDGEMENT

(1.) This is a reference made under Section 30 of the Assam Frontier (Administration of Justice) Regulation, 1945, by the learned Additional Session Judge, Fast Track Court, Eastern Zone, Namsai, for confirmation of the conviction of accused, Bisalu Tayeng, and the sentence passed against her. in Namsai PS. Case No. 19 of 1997, by the judgment and order, dated 18.05.2006, to suffer rigorous imprisonment for a period of seven years with fine of Rs. 1000/- and, in default of payment of fine, suffer rigorous imprisonment for a further period of two months.

(2.) The prosecution's case, as unfolded on the trial was that on 24.03.1997, at about 0800 hrs., a telephonic information was received by the Officer-in-Charge of Chowkam Police Station that an unknown person was admitted at Chowkam Public Health Centre, in a serious condition. On verbal enquiry, the Officer-in-Charge was also informed that Bisalu Tayeng (i.e., the accused) had assaulted her husband, Kandi Pegu, with a spade and caused head injury. A General Diary entry was accordingly made. The victim succumbed to his injury, on 24.03.1997, at the said PHC itself. Inquest was held and the post mortem examination was also conducted. On completion of investigation, police laid charge sheet, under Section 302 IPC, against the present convicted person, who is widow of the said deceased.

(3.) During trial, a charge under Section 302 IPC was framed. However, as the accused pleaded not guilty thereto and the trial proceeded. In support of their case, prosecution examined altogether 5 witnesses. The accused was, then examined under Section 313 Code of Criminal Procedure The trial ended with the finding of guilt reached against the accused under Section 304 Part-1 IPC. The accused has accordingly been convicted and the sentence, as already mentioned above, has been passed against her. Hence, this reference.