NIYOTI DAS AND OTHERS Vs. MISON SUKLABODYA

JUDGEMENT

(1.) This appeal under Section 47 of the Guardians and Wards Act, 1890 is filed challenging the judgment dated 19th February, 2005 passed by the learned District Judge, Hailakandi in Misc(G) 43/2004 filed under Section 7 of the Guardianships and Wards Act, 1890. By that judgment the learned District Judge not only rejected the application but also appointed one Gupon Suklabaidya(paternal uncle of the minor) as guardian.

(2.) The basic facts involved in this appeal is that minor Marjan Suklabaidya is the son of Mission Suklabaidya and Gita Das. Mission Suklabaidya married Gita Das as per the Hindu rites. But unfortunately on 13.4.2004 after the birth of the minor child the mother got killed. Lala PS case 60/2004 came to be registered in connection with the said unnatural death and a criminal trial ensued against the father of the minor child. After a fullfledged trial the learned Sessions Judge, Hailakandi by the judgment dated 14th September, 2005 in Sessions case no.16/2005 convicted both the accused persons and sentenced Mission Suklabaidya to death penalty and the co-accused Uttam Chackrobarty to life imprisonment. It is necessary to mention here that the minor son was examined as child witness in the case and his deposition was considered as one of the grounds for conviction.

(3.) The judgment of the learned Sessions Judge was referred to this High Court for confirmation. This High Court in Death Ref. 4/2005 confirmed the death sentence and also dismissed the criminal appeal 212/2005 filed by the accused persons.