SUKURJAN BIBI Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal arises out of judgment dated 30th April, 1994, delivered by teamed Sessions Judge, Dhubri in Session Case No. 17/93, thereby holding the appellant guilty of offence punishable u/s 302 IPC and sentencing her to undergo imprisonment for life, with fine of Rs. 500/-, or in default of payment of fine, to suffer three months' R.I.

(2.) Prosecution case stated in brief was that the appellant Sukurjan Bibi and Mariam Bibi, P.W.-3 are the two wives of P.W.- 4 Zabed Ali and at the material time they were all living together under the same roof. It was in the month of June, 1990 and to be precise on 6.6.90, that a marriage ceremony was being held in the house of one Jonab Ali, P.W.- 7, which was quite adjacent to the appellant's house. This marriage ceremony was attended to by almost all the villagers and Mariam, P.W.-3 had gone to work in the house of one Kolu, leaving behind her daughter aged about one year in the care and custody of the accused appellant. To her shock, when she returned from the work, she did not find her daughter in the house. She started weeping and wailing, which attracted quite a few number of people who had gathered to attend the marriage in the adjoining house. They came to the appellant's house at being asked. It was alleged that the appellant Sukurjan had concealed the child and she took the witness to the nearby ditch where from the dead body of the child was recovered. A report, Ext. 1, was lodged at Police Station Mankachar next day morning by P.W.-1, which led to the registration of a case u/s 302 IPC, which was investigated by P.W.-11, Giasuddin Ahmed. On completion of investigation the accused- appellant was charge-shetted and tried for the above offence. Her defence at the trial, as can be gathered from her statement recorded u/s 313 Cr.P.C., and the trend of cross-examination of prosecution witnesses, was one of plain denial of the prosecution case and her own false implication. The trial Court however rejected her defence stand, found her guilty of the offence, charged and convicted her as already noted above, hence this appeal.

(3.) Since the accused-appellant was unassisted and unrepresented by any counsel, we requested Ms. B. Choudhury, who having agreed was appointed at State expense to prosecute this appeal which was submitted through jail.