MUST 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.) In course of investigation, the appellant was arrested, the statement of the witnesses were recorded by the police. He also visited the place of occurrence, made inquest over the body of the deceased and sent the dead body to the Medical Officer for post-mortem examination. On completion of the investigation, having found a prima facie case against the appellant, she was charge-sheeted u/S 302 IPC to stand the trial. On commitment, the learned Sessions Judge, Goalpara District, framed the charge against the appellant U/S 302 IPC, to which she pleaded not guilty and claimed to be tried.