FATIMA KHATUN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A. Tewari, learned Amicus Curiae. Also heard Ms. B. Bhuyan, learned Public Prosecutor for the State/respondent.

(2.) By this appeal filed under Sec. 374 Cr.P.C., the appellant seeks to challenge the judgment and order dtd. 25/6/2019 passed by the learned Additional Sessions Judge, Hojai in S.C. No. 19(N)/2017, whereby the accused/appellant was convicted under Sec. 302 IPC and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.10,000.00, in default, to further undergo simple imprisonment for two months.

(3.) The case of the prosecution is that the informant who is the grandmother of the deceased lodged an FIR on 17/1/2017 before the in-charge Nakhuti Police Outpost, stating inter alia that her four years old granddaughter of her youngest son Hussain Ali had been missing from her house since 15/1/2017. After failing to trace her out even after extensive search, suspicion arose in her mind against her daughter-in-law, i.e. the accused/appellant. On questioning her daughter-in-law with the help of the public, her daughter-in-law confessed that she had thrown her into a kutcha well located at No.3 Khring Khring Chadhayaghar village. It is also stated that on 17/1/2017 at around 7/8 a.m., the informant along with some people of her village, went to Nakhuti police out post and informed them about the incident. She along with police personnel then went to the said kutcha well at Khring Khring village and when the accused/appellant showed them the well, they saw the dead body of her granddaughter floating in the water inside the well. The appellant confessed that she took the deceased and killed her by throwing her into the well.