LAWS(GAU)-2012-5-15

RUSNA BEGUM Vs. STATE OF ASSAM

Decided On May 07, 2012
RUSNA BEGUM Appellant
V/S
STATE OF ASSAM Respondents

JUDGEMENT

(1.) Being aggrieved by the judgment and order dated 22.12.2010 passed by the learned Addl. Sessions Judge (FTC), Kamrimganj in Sessions Case No. 19/2010 convicting the accused/ appellant under Section 302 of the Indian Penal Code (for short, hereinafter referred to as the IPC?) and sentencing her to suffer rigorous imprisonment for life and to pay a fine of Rs. 5000/-, in default to undergo rigorous imprisonment for three months, she is in appeal seeking redress.

(2.) We have heard Mr TJ Mahanta, learned counsel for the appellant and Mr KA Mazumdar, learned Addl. Public Prosecutor, Assam for the respondent State.

(3.) The genesis of the prosecution case is in the FIR lodged by one Saira Begum with the Officer-in-Charge, Ramkrishna Nagar P.S. on 16.5.2008 to the effect that the appellant had, while the deceased Jaynal Abedin was sleeping in her (informant) house, dealt three blows on his neck by a sharp cutting weapon killing him instantly. On the FIR, R.K. Nagar P.S. Case No. 45/08 u/s 302 IPC was registered and the investigation ensued. Chargesheet was thereafter submitted against the accused/ appellant. On being committed, the learned Trial Court framed charge under Section 302 IPC against her to which she pleaded not guilty?.