JELEKA KHATUN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A.R. Bhuiyan, learned counsel for the revision petitioner and also Mr. K. Munir, learned Addl. Public Prosecutor, Assam. By a judgment and order dated 15.3.2010 passed by the learned Assistant Sessions Judge, Barpeta in Sessions Case No. 48/2009, corresponding to G.R. Case No. 205/2007, the petitioner was convicted under Section 326/307 IPC and sentenced to undergo Rigorous Imprisonment for 5 years and to pay fine of Rs. 3,000/-, in default, to undergo further Simple Imprisonment for 2 months. Against the said order of conviction and sentence, the petitioner filed an appeal, being Criminal Appeal Case No. 10/2010 before the learned Sessions Judge, Barpeta, which was made over to the Addl. Sessions Judge for disposal. By a judgment and order dated 12.7.2011 passed in the said appeal, set aside the aforesaid judgment and order of the learned Asstt. Sessions Judge, Barpeta and convicted the petitioner under Section 324 IPC and sentenced to undergo R.I. for 3 years and pay fine of Rs. 1,000/-, in default, S.I. for another 1 (one) month. In other words, the learned appellate Court converted the conviction under Section 326 and 307 IPC to one under Section 324 IPC and reduced the sentence from 5 years R.I. and fine of Rs. 3,000/- to 3 years R.I. and fine of Rs. 1,000/- only.

(2.) The present petition is directed against the impugned judgment and order dated 12.7.2011 rendered by the learned appellate Court below.

(3.) Briefly narrated, the prosecution story is that the petitioner allegedly set fire on the person of Nilima Khatun causing 30% burn injury to her. Both Nilima and the petitioner were living in a same house as wives of one Muslem Uddin. The alleged incident took place on 2.2.2007 at about 6.00 P.M. when their husband was not at home. On hearing hue and cry, the neighbours came to the place of occurrence and doused the fire. Victim's father Md. Azgar Ali Talukdar lodged an F.I.R., on the basis of which the Barpeta P.S. Case No. 95/2007 was registered under Section 307 IPC, giving rise to G.R. Case No. 205/2007.