JAHEDA BEGUM Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Ms. B.D. Sarmah, Legal Aid Counsel for the appellant in Criminal Appeal (J) No. 81/2022 and Mr. D.J. Haloi, learned counsel for the appellant in Criminal Appeal No. 36/2022. Ms. B. Bhuyan, learned Addl. Public Prosecutor assisted by Mr. J. Das appears for the State.

(2.) The two appellants have both been convicted vide Judgment and Order dtd. 12/1/2023, passed by the Court of the Addl. Sessions Judge, Bijni in Sessions Case No. 329(A)/2018, under Ss. 302/34 IPC and sentenced to undergo imprisonment for life with a fine of Rs.10,000.00 each, in default, to undergo Simple Imprisonment for one month.

(3.) The prosecution case in brief is that FIR dtd. 17/9/2016 was submitted by the informant (PW-1) to the effect that on 16/9/2016, when he returned home from Tulsijora Bazar at around 8.30 pm, he learnt that his grandson i.e. the appellant in Criminal Appeal No. 36/2022 had come to his house, alongwith the appellant in Criminal Appeal (J) No. 81/2022 and her husband, around 4.30 pm. For easier disposal of these appeals, the appellant in Criminal Appeal No. 36/2022 shall be referred to as 'X' and the appellant in Criminal Appeal(J) No. 81/2022 shall be referred to as 'Y'. The FIR further states that taking advantage of his absence at home, the appellants killed Akhtar Hussain, who is the husband of 'Y', by strangulating him with a rope inside his house at around 6:00 pm.