LAWS(GAU)-2013-5-45

HAZERA KHATUN Vs. STATE OF ASSAM

Decided On May 28, 2013
Hazera Khatun Appellant
V/S
STATE OF ASSAM Respondents

JUDGEMENT

(1.) By judgment and order, dated 18.4.2011, passed, in Sessions Case No. 94/2008, by the learned Sessions Judge, FTC, Barpeta, the two accused-appellants, namely, Hazera Khatun and Abdul Gafur, stand convicted under Section 302 read with Section 34 IPC and each of them has been sentenced to suffer imprisonment for life and pay fine of rupees two thousand and, in default of payment of fine, suffer simple imprisonment for a period of two months. The prosecution's case may, in brief, be described as under:

(2.) At the trial, when a charge, under Sections 302 read with Section 34 IPC, was framed against all the seven accused persons, including the present appellants, all of them pleaded not guilty thereto.

(3.) In support of their case, prosecution examined altogether 7 witnesses. The accused were, then, examined under Section 313 Cr.PC and, in their examinations aforementioned, they denied that they had committed the offence, which was alleged to have been committed by them, the case of the defence being that of denial. No evidence was adduced by the defence.