MONAI TANTI Vs. STATE OF ASSAM

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 02.11.2007 passed by learned Addl. Sessions Judge No. 2 (FTC), Tinsukia in Sessions Case No. 135(T)/2006. By the impugned judgment the accused appellant has been convicted under Section 447, 323 and 302 IPC and thereby sentenced to undergo rigorous imprisonment for 2 months, 3 months and imprisonment for life with fine of Rs. 1,000/- in default further rigorous imprisonment for 3 months respectively.

(2.) THE prosecution case that led to the trial is as follows:

(3.) PW1 stated that on the date of occurrence at about 9 a.m. her husband sitting in the verandah of his house was talking with Babu Chakma. PW1 was taking bath at the tubewell. In the meantime accused Monai Tanti came to their house compound and inflicted three cut blows on the abdomen of her husband with a 'khamti' dao. She witnessed the incident and called her daughter, Padmini who was inside the house. Padmini and Babu Chakma offered resistance and thereby Babu Chakma also sustained injuries. While Padmini was making efforts to take her father inside the house, she was assaulted by the accused. PW1 requested the accused not to assault her as she was sick but the accused told that he would not consider any sickness and destroy all. When her husband fled away the accused chased him and felling him under a banana tree, gave subsequent blows by means of the dao. PW1 raised alarm and the neighbours came in their rescue. Her husband was taken to Kakapathar Hospital where from he was referred to Tinsukia Hospital for treatment. Babu Chakma was also treated at the hospital. From Tinsukia Hospital her husband was shifted to Dibrugarh Medical College where he succumbed to his injuries. She lodged the FIR.