BIJULI BALA RABHA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. K Goswami, learned senior counsel and Amicus Curiae for the appellant. Also heard Ms. B Bhuyan, learned Additional Public Prosecutor appearing for the State.

(2.) This appeal has been filed against the Judgment and Order dtd. 28/4/2017 passed by the Court of the learned Additional Sessions Judge, Goalpara in Sessions Case No. 27/2016, by which the appellant has been convicted under Sec. 302 IPC and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.1,000.00, in default, to undergo rigorous imprisonment for 3 (three) months.

(3.) The prosecution case in brief is that the informant's brother Randhan Rabha was hacked to death by his wife (appellant) with a dao. In this regard, the informant (PW-1) submitted an FIR dtd. 22/12/2015 before the Officer-In-Charge, Bagnan Police Station, pursuant to which Bagnan P.S. Case No. 190/2015 under Sec. 302 IPC was registered. The Investigating Officer thereafter filed a charge-sheet, having found a prima facie case under Sec. 302 IPC against the appellant, as the appellant had apparently disclosed to the Police that she had killed her husband. Charge under Sec. 302 IPC was framed against the appellant on 18/4/2015, on the ground that she had killed her husband on the night of 21/12/2015. The appellant pleaded not guilty to the charge and faced trial.