AKANI SAUKADHARA Vs. STATE OF ASSAM

JUDGEMENT

(1.) The judgment and order dated 22.12.2006 passed by the learned Sessions lodge, Jerhat in Sessions Case No. 118 (J-J) of 2005 convicting the accused-appellant under Section 304 (Part-II) IPC and sentencing her to undergo rigorous imprisonment for 2 years has been impugned in this appeal. The prosecution case in brief is that on 18.09.2002 at about 5.30 AM, the accused-appellant in absence of her husband dealt with dao blow on her mother-in-law Makan Saukadhara causing her death. After assaulting her mothe-in-law, she along with the dao, went to the house of Gaonburah and Panchayat President and confessed that she had assaulted her mother-in-law by means of a dao. She was kept confined by the Gaonburah and Panchayat President. Her husband Loken Saukadhara lodged art FIR and on the basis of the said FIR, Pulibar P.S. Case No. 156 of 2002 under Section 302 IPC was registered. The dao was seized from the possession of the accused during investigation. On completion of the investigation, charge sheet under Section 302 IPC was laid against the accused appellant.

(2.) The accused-appellant pleaded not guilty to the charges flamed against her wider Section 302 IPC and claimed to be tried.

(3.) The prosecution examined altogether 10 witnesses in support of its case. 2 witnesses i.e. daughter and husband of the deceased were examined as Court witnesses. The accused in her statement recorded under Section 313 Cr.P.C. denied the allegations levelled against her and stated that the deceased used to quarrel with her. However, she denied that she killed the deceased. No defence evidence was adduced. On conclusion of the trial, the learned trial Court held that the accused committed culpable homicide not amounting to murder as she committed the offence out of grave and sudden provocation and therefore she is liable to be punished under Section 304 (Part-II) IPC. Accordingly, she was convicted and sentenced as stated above.