BABTU BORAH Vs. STATE OF ASSAM AND ANR

JUDGEMENT

(1.) We have heard learned Sr. Counsel Mr. T.J. Mahanta assisted by Ms. P. Bhattacharya for the appellant and learned Addl. P.P. Mr. S. Jahan, for the state, who have taken us through the evidence and materials brought on record.

(2.) Both the appeals are directed against the common judgment and order dated 24.02.2016 passed by the learned Sessions Judge, Golaghat, in Sessions Case No. 201/2014. By the said judgment, learned Sessions Judge convicted the appellant Babatu Borah @ Uttam Borah under Section 302/201 IPC and sentenced him to imprisonment for life and fine of Rs. 1,000/- with default stipulation under Section 302 IPC and imprisonment for two years and fine of Rs. 500/- with default stipulation under Section 201 IPC. The appellants Sri Chandra Kumar Borah and Smt. Junti Borah were convicted under Section 201 IPC and sentenced them to rigorous imprisonment for two years each and fine of Rs. 500/- with default stipulation. Both the appeal having arisen out of the same judgment are taken together for hearing and disposal.

(3.) As per the prosecution case, PW-1, Krishna Sonowal was wedded to the appellant Babatu Bora in the year 2009 and out of their wedlock, a female child was born on 03.09.2010. The appellants were torturing the PW-1 and also demanded Rs. 80,000/-. They also did not like the PW-1 giving birth to a female child. On 01.02.2011 in the morning, PW-1 went out from the house, for doing household works and taking bath, leaving the baby with her husband (Babatu Borah). While coming back at about 7.10 AM, she noticed that the baby was lying still without any movement. Immediately she took the baby to her in-laws and they broke down crying and told that she was no more, where upon the appellant Babatu scolded her (PW-1) and also assaulted her, alleging that she did not take care of the baby properly. After sometime the body of the baby was buried. Thereafter PW-1 went to her paternal home, where she had discussion with the various women organizations and members of the family, who suspected, that the baby might have been killed by her husband and in-laws and upon their advice, PW-1 lodged the FIR (Ext.1). On the basis of said FIR, police registered Golaghat P.S. Case No. 59/2011 under Section 498-A/302/201 IPC. In course of investigation, the body was exhumed, inquest report was prepared and postmortem examination was conducted by Dr. Pallavi Gogoi.