DIPALI DEVI DEKA Vs. KAMAL CH. BORAH

JUDGEMENT

(1.) Heard Mr. A. Baruah, learned counsel for the appellant. Also heard Mr. R.R. Kaushik, learned Additional Public Prosecutor for the State of Assam as well as Mr. N. Ahmed, learned counsel appearing for the respondent Nos. 1 and 2.

(2.) The present appeal has been preferred by Dipali Devi Deka, who is the wife of the deceased Manoj Deka, against the judgment dated 17.10.2015 passed in Sessions Case No. 62/2013 by the Ld. Sessions Judge, Morigaon being aggrieved by the conviction of the accused No.2 only under Section 352 IPC and not under Section 302 IPC, as according to the appellant, the accused respondent No.2 had caused the death of her husband by causing grievous injury to him.

(3.) As per the records, an FIR was lodged by the informant Shri Lachit Chandra Medhi before the Morigaon Police Station on 2.7.2008 stating inter alia that in the evening of the previous day i.e. 1.7.2008 at about 7:30 p.m., while the deceased Manoj Deka, the District Secretary of the Communist Party of India (CPI) of Morigaon District, after shopping in the market was returning home by bicycle, he was stopped in front of an optical shop by the Officer-in-charge, Morigaon Police Station (respondent No.1) and the PSO (respondent No.2) who confronted the deceased to disclose the contents of the bag and directed him to open it, who then informed them that it contained fish and some vegetables. However, the respondent No.2 opened the bag and threw it away and trampled the deceased. Thereupon the deceased lost his consciousness and was rushed to Morigaon Civil Hospital and then subsequently referred to GNRC hospital and was admitted in the ICU.