SURIYA KHATUN Vs. STATE OF ASSAM

JUDGEMENT

(1.) THE legality of the judgment dated 16.10.2012 passed by the learned Sessions Judge, Goalpara in Sessions Case No.82/2010 convicting the appellant U/s 302 IPC and sentencing her to life imprisonment is called into question in this appeal.

(2.) THE case of the prosecution is that on 3.7.2010, one Abdul Waheb lodged an FIR with the Officer in Charge of Baguan Police Station to the effect that at around 12 O'clock, the appellant killed his nephew Ajmat Ali by burning him and strangulating him by taking the advantage of the absence of other inmates in the house and then threw him in a deep pond behind their house. On receipt of the FIR, the Officer in Charge of Baguan Police Station registered a regular case being Baguan Police Station Case No.63/2010 u/S 302 IPC and investigated into the case.

(3.) TO bring home the charge against the appellant, the prosecution examined as many as nine witnesses including the Medical Officer conducting the post mortem examination. After taking evidence of all the prosecution witnesses, the appellant was examined by the trial Court u/S 313 CrPC. The case pleaded by the appellant was that of total denial. No defense evidence was adduced by the appellant. On the conclusion of the trial, the learned Sessions Judge passed the impugned judgment of conviction and sentence.