ELESOVA ANTHONI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. SK Ghosh, learned Amicus Curiae, and Mr. D. Das, learned Additional Public Prosecutor, Assam. The prosecution case discloses that one Soma Mahabir is the deceased. Accused is the wife of the deceased. The deceased is said to have by force brought the accused and was living with her along with the children born to him in the wedlock with his first wife, who are PW7 and another son, who is not examined.

(2.) On 13.11.2007, in the night after the meals, the accused and the deceased were sleeping in one room. PW7 and another son of the deceased were sleeping in the adjoining room. The accused caused death of her husband by Kalam Katari (long sharp implement used for cutting leafs).

(3.) At 10.00 p.m.., the younger son of the deceased wanted to attend the first call of nature. PW7 being the elder sister, she woke up to take him to nature's call. PW7 looked for the accused, but she was not there and their father was lying dead on the bed. Thereafter, she informed the neighbours, people gathered there. A complaint was given by PW2 on the next day at 10 a.m.. The contents of the Ext. 1 disclose that the accused, after committing the murder, at about 9.30 p.m.. went to the house of PW2 with the weapon and also told him about the causing death of her husband. On that basis, PW2 lodged a complaint on the next day.