MONI MAZUMDAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. I. A. Talukdar, learned counsel for the appellant. Also heard Ms. B. Bhuyan, learned Additional Public Prosecutor, Assam appearing for the State respondent.

(2.) This appeal is preferred by appellant Smti. Moni Mazumdar @ Champa Mazumdar, assailing the judgment and order dtd. 10/6/2019 passed by the Additional Sessions Judge, First Track Court, Hojai in Sessions Case No.16 (N)/2017 by which the appellant along with two others, namely - Sri Mohan Biswas and Smti. Shyamoli Biswas have been convicted under Sec. 302 of the Indian Penal Code, 1860 for committing the murder of deceased Rubi Pandit and sentenced to undergo Rigorous Imprisonment for life and a fine of Rs.20,000.00(Rupees twenty thousands) only each and in default, to suffer Simple Imprisonment for four (4) months. The accused persons have also been sentenced to undergo Rigorous Imprisonment for one (1) year for the offence under Sec. 448 of the Indian Penal Code, 1860. The sentences to run concurrently.

(3.) The case set up by the prosecution, in brief, is that an ejahar was lodged by one Sanjay Pandit (PW1) on 18/8/2014 at 5:00 P.M., alleging that on 18/8/2014 at around 8:30 A.M., there was a quarrel between the accused persons and his sister-in-law (deceased Rubi Pandit) regarding laying eggs of a hen. Subsequently, the accused persons, in absence of his brother, entered into the house of the victim Rubi Pandit and set her ablaze by pouring kerosene oil. In order to save her life, his sister-in-law (deceased Rubi Pandit) jumped into a nearby pond. Upon hearing deadly scream, the neighboring people came to the place of occurrence and lifted her from the pond and took the victim to Jugijan PHC for treatment and thereafter, the attending Doctor referred the victim to the Gauhati Medical College and Hospital (GMCH) for better treatment, where she breathed her last. The informant also stated that his sister-in-law (deceased Rubi Pandit) has stated the names of the accused persons before the Doctor and the Police.