RUKMINI MAJHI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. H. Sharma, learned Amicus Curiae appearing on behalf of the appellant as well as Mr. K. A. Mazumdar, learned Public Prosecutor, Assam.

(2.) This jail appeal has been preferred by the appellant from jail questioning the legality and correctness of the judgment and Order dated 31-12-2001 passed by the learned Additional Sessions Judge (Ad hoc), Jorhat in Sessions Case No. 111/2000 whereby the appellant was convicted under Section 302, IPC and sentenced to undergo rigorous imprisonment (for short, 'RI') for life and to pay fine of Rs. 100/-, in default, further RI for one month.

(3.) The facts of the case in brief as unfolded by the prosecution are that, the daughter of the appellant, the Court Witness No. 1 (C.W. 1) sometime in the month of February, 2000, gave birth to an illegitimate girl child in consequence of rape committed on her. When the said illegitimate child was merely three months old, the appellant and her daughter along with the child went to the residence of P.W. 1 (Maniram Majhi) at Kakajan to stay there. Unfortunately, while they were staying in the residence of P.W. 1, as being his guests, the daughter of the appellant got seriously ill for which she needed to be hospitalized at Kakajan Tea Garden Hospital. The girl child was under care and custody of the appellant at that time. The child allegedly killed by the appellant by throwing the baby into the river. The dead body of the girl child was found in rivulet at Toklai. It was alleged that the girl child was killed by her grandmother, the appellant. The Doctor, P.W. 8 (Dr. Manik Ch. Das) who rendered medical assistance to the appellant who was brought on 23-5-2000 by the local residents for treatment in the hospital after having been beaten her up, lodged an ejahar with the police at Deberapar Police Out-post under Mariani Police Station in the district of Jorhat on the same day i.e. on 23-5-2000 and at that time, according to the Doctor, the appellant was holding the dead body of the child in her arms. Police started investigation and on completion of the same submitted charge- sheet against the appellant under Section 302, IPC.