MONIKA RAJKHOWA Vs. STATE OF ASSAM

JUDGEMENT

(1.) The sole appellant Monika Rajkhowa has been convicted under Section 302 of the Indian Penal Code and sentenced to imprisonment for life and fine of Rs.5000/- with default stipulation.

(2.) According to the prosecution case, on 19.9.2010, the appellant throttled her male child Partha Pratim Rajkhowa to death. On the date of incident, the child was 11 months old. And when appellant's daughter Pallavi Rajkhowa (PW-3) on hearing a sound of something falling, entered inside the house, she was chased away by her. Also, when husband Putul Rajkhowa (PW-1) of appellant, tried to take the child to hospital, she prevented him from doing so. Putul Rajkhowa immediately made ejahar exhibit 1 at Bordoloni Police Out Post against the appellant. The ejahar was forwarded to Police Station Gogamukh, where it was registered as First Information Report. Investigating Officer - Bikash Kumar Kalita (PW-9), on receiving the ejahar, ensured inquest report exhibit 2 of the dead body of child was made by an Executive Magistrate - Monoranjan Payeng (PW-12) in the presence of witnesses - Krishna Rajkhowa (PW-5) and Janmoni Rajkhowa (PW- 6). Bikash Kumar Kalita then referred the body of child for post mortem examination.

(3.) Dr. Khagen Doley (PW-11) conducted the post mortem examination on the dead body of child Pratha Pratim Rajkhowa. He found ecchymosis marks on both sides of neck and the marks resembled with finger like structure. On dissection of neck, the doctor found underlying edematous and fracture on hyoid bone. The doctor in his post mortem examination report opined that the cause of death of child was cardio pulmonary failure due to airway obstruction following throttling and that the injuries were ante mortem in nature. His post mortem examination report in this regard is exhibit 4.