RINA GARH Vs. STATE OF ASSAM

JUDGEMENT

(1.) A sentence serving woman is before us in appeal. An order of conviction under Section 302 IPC and sentence of imprisonment for life and payment of fine of Rs. 5000/- with default stipulation has been handed down upon her vide judgment and order dated 27.2.2012 rendered by the learned Sessions Judge, Sibsagar in Sessions Case No. 188(S-S) of 2010. As per prosecution story a quarrel took place between accused Sunu Garh and his brother Satnarayan Garh in their house. The appellant, wife of accused Sunu Garh, who was present at home at that time, dealt blows with an iron rod on the person of Satnarayan Garh causing death to him. An Ejahar was lodged by one M. Mallick, brother-in-law of deceased Satnarayan Garh. The police registered a case, being Amguri P.S. Case No. 82/10 under Sections 302/34 IPC and started the investigation. Inquest on the dead body of the deceased was conducted by an Executive Magistrate. The IO visited the place of occurrence, prepared the sketch map and sent the dead body of the deceased to Sibsagar Civil Hospital for holding the post mortem examination. He also seized the crime weapon, namely a piece of iron pipe, which was produced by the accused appellant Smti Rina Garh. Both the accused persons were arrested and produced before the Court. On completion of investigation, the IO submitted the charge-sheet against the accused persons under Section 302/34 IPC. On committal of the case, and on the basis of materials found, learned Sessions Judge framed charge under Section 302/34 IPC. The aforesaid charges being read over and explained, both accused persons, including the present appellant, pleaded not guilty and claimed to be tried. They accordingly stood the trial.

(2.) The prosecution examined as many as 13 witnesses while the defence examined none. At the closure of the prosecution evidence, the statements of the accused persons were recorded under Section 313 Cr.PC putting before them all the incriminating evidence against them. Accused Sunu Garh denied his involvement in the commission of murder of his brother Satnarayan Garh but the present accused appellant, Smti Rina Garh, confessed her guilt for committing murder of her brother-in-law Satnarayan Garh by dealing blows on his person with an iron pipe as he attempted to outrage her modesty on the night of occurrence at about 9 PM while she was in the bath room for taking bath. The learned trial Court, on consideration of the material and evidence on record and upon hearing the parties, acquitted the accused Sunu Garh and convicted the present appellant and sentenced her to suffer imprisonment for life and payment of fine with default stipulation vide the judgment which is under challenge in this appeal.

(3.) We have heard Mr. B. Prasad, learned Amicus Curiae, appearing for the appellant and Mr. D. Das, learned Addl. Public Prosecutor, Assam, for the State.