DHOLLY SINHA Vs. STATE OF ASSAM

JUDGEMENT

(1.) The appellant, a house wife in her mid thirties, having been charged with the offence of killing her husband was tried and convicted under Section 302 IPC and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 500/- only, in default of payment of fine to undergo RI for another 3 (three) months by judgment and order dated 30.07.2003 passed by the learned Additional Sessions Judge, Cachar in Sessions Case No. 12/03. The appellant has been in custody since 12.05.2002 throughout the trial and she has approached this Court in appeal from Jail against the aforesaid conviction and sentence.

(2.) The facts leading to conviction of appellant are that on 11.05.2002 at 2 AM while Joydev Sinha, husband of the accused was asleep, the accused Dholly Sinha killed him by hacking with a dao and the dead body was lying on the verandah. An FIR was lodged by one Khirodh Sinha, brother of the deceased with the OC, Borkhola Police Station and a case being Borkhola PS Case No. 64.02 was registered on 11.05.2002 under Section 302 IPC. In the FIR an allegation was made that after the occurrence, the accused made an attempt to hit the other family members with dao and she was tied and kept under control.

(3.) On receipt of the FIR, the IO, PW 7 visited the place of occurrence and found the dead body of the deceased Joydev Sinha lying on the verandah of his house and found the accused in her house who was kept tied. The IO held inquest on the dead body and recorded the statement of the accused. During interrogation, the accused produced a dao which was seized in presence of witnesses. The I.O., PW7 completed the investigation but as he was transferred, the charge sheet was submitted by the OC, PW8. The offence being exclusively triable by the Court of Sessions, it was committed by the learned Judicial Magistrate, Silchar to the Court of Sessions, Cachar by an order dated 05.02.2003. The accused on being explained the charges, pleaded not guilty and claimed to be tried.