SMTI. DIPIKA RAY Vs. STATE OF ASSAM

JUDGEMENT

(1.) THE appellant herein has been convicted under Section 302 of the IPC vide judgment dated 30.4.2010 passed by the learned Addl. Sessions Judge (FTC), Bongaigaon in Sessions Case No. 57(B) of 2008 and the appellant has been sentenced to undergo imprisonment for life and also to pay fine of Rs. 5,000/- with default stipulation of further RI for three months.

(2.) WE have heard Mrs. RD Mazumdar, learned Amicus Curiae and Mr. NJ Dutta, learned Addl. PP for the State. Also perused the impugned judgment and the prosecution evidence as well as the judicial confession of the appellant.

(3.) AFTER the investigation the accused was found guilty for the offence of murder and she has been accordingly convicted. Most of the witnesses are members of the same family and they have tried to give favourable testimonies as much as possible in favour of the appellant. In other words, none of the witnesses from the family have claimed that they had seen the appellant actually dealing with 'dao' blow. However, PW 2 has deposed that she saw the accused throwing a 'dao' which fell down on the body of the child. Thereafter, the accused tried to flee away. Other witnesses have also deposed that after the incident the accused admitted to flee away but she was overpowered.