REENA HAZARIKA Vs. STATE OF ASSAM

JUDGEMENT

(1.) The appellant Reena Hazarika has been convicted under Section 302 of the Indian Penal Code for causing the death of her husband Bipul Hazarika, aged about 42 years and sentenced to rigorous imprisonment for life with fine of Rs.1000/- and with default stipulations.

(2.) The case of the prosecution is that in the intervening night of 10.05.2013 and 11.05.2013, the appellant killed her husband inside their one-room rented tin shed house by inflicting multiple chop wounds with a knife. The said knife which was recovered by Police and seized vide Seizure List (Ext.-2) is about 1 ft. long with the iron part constituting seven inches with a bent sharp point. Ejahar in the case was lodged by Monoj Kumar Deka (PW-1), who is one of the landlords of the room rented out to the appellant and the deceased. According to him, having seen Bipul Hazarika lying dead in the morning hours of 11.02013, he informed the matter to the Police over telephone. That later when he asked the appellant about the incident, she stated that her husband had been torturing her since last few days under the influence of liquor and raising commotion and being fed up with such conduct she killed her husband on the previous night by hacking him indiscriminately with the knife lying nearby. The information given to the Police over phone by PW-1 was entered as GD Entry No.452 dated 11.05.2013 (120 PM) and the written ejahar was received on the same date at 7.45 PM and was registered as Noonmati P.S. Case No. 220/2013 under Section 302 IPC. On the basis of information received, Nilomani Malakar (PW-7), in his capacity as Sub Inspector of Police, visited the place of occurrence and found the dead body of Bipul Hazarika inside the room where both the appellant and the deceased resided. Memos were drawn, statement of witnesses present at the place of occurrence were recorded, the dead body of Bipul was sent to Gauhati Medical College & Hospital for post-mortem examination, one knife was recovered from the side of the entrance door to the room as well as a gunny bag containing one long trouser, a full-sleeve shirt and a towel vide Exhibit- Following receipt of the written ejahar, the appellant was arrested at 9 PM of 11.05.2013. Upon completion of investigation, Charge Sheet (Ext. 5) was submitted against the appellant under Section 302 IPC. The case being committed to trial, formal charge under Section 302 IPC was framed, the same was read over and explained to the appellant to which she pleaded not guilty and claimed to be tried. Puja Hazarika, the minor daughter of both the appellant and the deceased was examined as CW-1. The appellant was also examined under Section 313 CrPC on 19.06.2014 and 20.09.2014, enabling her to explain any circumstances appearing in the evidence against her.

(3.) To bring home the guilt of the appellant, the prosecution examined 7 (seven) witnesses, including the Medical Officer and the Investigating Officer in the case.