SASHI PRABHA DEVI Vs. STATE OF ASSAM

JUDGEMENT

(1.) This is an appeal under Section 374 (2) of Cr. P.C. directed against the Judgment and order dated 29/3/2003 passed by the Additional Sesions Judge (Adhoc) Barpeta, Assam in Sessions case No. 185 of 2000 whereby the accused appellant Smt. Sashi Prabha Devi has been convicted for commission of offence under Section 306 IPC and sentenced to imprisonment for 3 years and to pay a fine of Rs. 2,000.00 in default to further imprisonment for 2 months.

(2.) The accused Smt. Sashi Prabha Devi is the Head Mistress of Barnagar Girl's High School. The prosecution case is that Miss Labhita Nath was a student of Class IX of the said School in the year 1997 and in the year 1998 her name appeared in the students of Class X of the said School. Subsequently., the name of Labhita Nath was struck off as per order of the accused appellant, whereupon she met the accused appellant to enquire about the reasons for striking out the name. The student was informed that as she has not passed the Class IX examination, she cannot continue her studies in Class X and she cannot be allowed to study in Class X. The said student Labhita Nath, as alleged, was also scolded by the accused appellant. The girl returned back to her class and thereafter attended some classes and left the School and thereafter she committed suicide by throwing herself in front of the running train.

(3.) During trial prosecution examined 12 witnesses and the learned trial Court convicted and sentenced the accused appellant as aforesaid. So far the commission of suicide by Labhita Nath is concerned, there is unrebutted oral or medical evidence on record. Dr. D. Sarma, P.W. 9 held the autopsy on the dead body and found as fol- lows :