RABIYA KHATOON Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. D. Nandi, learned Amicus Curiae, appearing for the appellant. Also heard Mr. K.A. Mazumder, learned Addl. P.P., Assam, appearing for the state respondent.

(2.) The challenge, in this appeal, from jail, is to the judgment and order, dated 9.12.2010, passed by the learned Addl. Sessions Judge (FTC), Lakhimpur, at North Lakhimpur, in Sessions Case No. 50(NL)/2010. By the impugned judgment and order the learned Sessions Judge convicted the appellant and sentenced her to suffer imprisonment for life and pay fine of Rs. 2,000/ - in default suffer imprisonment for another period of one month. The learned trial Judge observed that the period already undergone by the appellant shall be treated as set off under Section 428 IPC. Aggrieved by the said conviction and sentence, the convicted person, as appellant, has come up with this appeal. There being none to represent the appellant, who has been undergoing imprisonment in the jail, Mr. D. Nandi, learned counsel has been appointed as Amicus Curiae to represent the appellant.

(3.) The prosecution case, in brief, is that, on 20.11.2009, at about 5 p.m., Mr. Muslem (PW -1) i.e. the father of Mr. Majibur Ali (hereinafter called the deceased), came to know that his son i.e. the deceased was killed. On being so informed he rushed to the house of the deceased and found a gathering of people. He noticed the dead body of the deceased hanging from a bamboo near the gateway of the house of the deceased. Accordingly, on the same day, he lodged an FIR with the police. After arrival of police, the dead body was brought down from the hanging position. The prosecution version is that the appellant, who is the wife of the deceased, in collusion with one Mr. Deokan Saikia (already acquitted), caused the death of the deceased by strangulation and kept the dead body in hanging position.