SMT. MINATI KHONGIA Vs. STATE OF ASSAM

JUDGEMENT

(1.) AGGRIEVED by the judgment and order, dated 30.12.2010, passed, in Sessions Case No. 120(S -S)/2008, by the learned Additional Sessions Judge (FTC), Sivasagar, convicting the accused -appellant under Sections 302 and 201, IPC and sentencing her to suffer, for her conviction under Section 302, IPC, imprisonment for life and pay fine of Rs. 2,000/ - and, in default of payment of fine, suffer simple imprisonment for a period of 2 (two) months and also sentencing her to undergo, for her conviction under Section 201, IPC, rigorous imprisonment for a period of 5 (five) years with fine of Rs. 1,000/ - and, in default of payment of fine, suffer simple imprisonment for a period of 1 (one) month, the convicted person has preferred this appeal. We have heard Ms. B. Bhuyan, learned amicus curiae. We have also heard Mr. Z. Kamar, learned Public Prosecutor, Assam.

(2.) THE case of the prosecution, as unfolded at the trial, may, in brief, be described as under:

(3.) IN support of their case, prosecution examined altogether 10 (ten) witnesses. Both the accused were, then, examined under Section 313 Cr.P.C. As far as accused Minati was concerned, she, while admitting to have buried the dead body of the baby, denied that she had killed the baby. Upon finding the co -accused, Rajib Gogoi, not guilty of the offence, which he stood charged with, the learned trial Court acquitted him accordingly. Having, however, found the present appellant guilty of the offences under Sections 302, IPC and Section 201, IPC, the learned trial Court has convicted her accordingly and passed sentences against her as mentioned above. Aggrieved by her conviction and the sentences, which have been passed against her, accused Minati, as a convicted person has preferred this appeal.