GEETA DEY Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Ms. P. Chakraborty, learned counsel for the petitioner as well as Mr. P.C. Gayan, learned Public Prosecutor, Assam.

(2.) By means of this application filed under section 401 Crimial P.C. read with 482 Crimial P.C. the petitioner has sought for dropping the proceeding in Sessions Case No.44/95 pending before the learned Sessiions Judge, Karimganj against her husband Sri Bijit Kumar Dey (for short, 'Sri Dey') who was missing from his official residence at Badarpur Staff Colony while working as Junior Telecom Officer in the establishment of Bharat Sanchar Nigam Limited (for short, 'BSNL') on 9.10.95 by drawing a presumption of his death under Sec. 108 of Indian Evidence Act as the statutory period of 7(seven) years of not being unheard of Sri Dey's whereabouts, has already expired on 8.10.2002.

(3.) The case of the petitioner in short is that the petitioner alongwith her husband , Sri Dey and other 12 persons were made accused in a Sessions case No. 44/95 under Sections 302/201/34 Indian Penal Code and during the trial of the said Sessions case, the petitioner's husband as named above, was missing from his official quarter as already noted above on 9.10.1995 and till date his whereabouts are not known.