MIRIJA BEGUM Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. D.K. Bhattacharyya, learned counsel for the appellant. Also heard Ms. B. Bhuyan, learned Senior Counsel and Additional Public Prosecutor, Assam, assisted by Ms. R. Das, learned advocate for the State.

(2.) This is an appeal against the conviction of the appellant under Sec. 302 IPC, pursuant to the impugned judgment dtd. 27/2/2018 passed by the learned Court of the Sessions Judge, Kamrup, Amingaon in Sessions Case No.208/2014 and the sentence imposed upon the appellant to undergo rigorous imprisonment for life, with a fine of Rs.2,000.00, in default, to undergo simple imprisonment for another 2 months.

(3.) The appellant's case is that while the offence of the appellant hacking the neck of the victim with a dao was alleged to have been committed on 18/5/2007, the FIR has been filed 12 days later i.e. 30/5/2007. Though the deceased had been allegedly cut in the neck with a dao by the appellant on 18/5/2007 and the deceased was taken to Hajo Primary Health Centre and then to the Guwahati Medical College and Hospital (GMCH) and had died one day after being discharged from GMCH, no report regarding the attack on the deceased by the appellant had been made to the police by anybody prior to 30/5/2007. There is also no medical document whatsoever, to show the nature of injury that had been suffered by the deceased on 18/5/2007. The evidence of the Doctor, i.e. PW-3, who conducted the Post-mortem Examination on 30/5/2007, is to the effect that there was one injury on the head of the victim which was stated to be-