REJIA KHATUN Vs. STATE OF ASSAM

JUDGEMENT

(1.) We have heard learned Amicus Curiae, Mr. Ujjal Choudhury for the appellant and learned Addl. Public Prosecutor, Ms. Shamima Jahan for the State/respondent No. 1, who have also taken us through the evidence and materials brought on record.

(2.) This jail appeal is directed against the judgment and order dated 07.11.2014, passed by learned Sessions Judge, Sonitpur, in Sessions Case No.252/2005. By the said judgment, learned Sessions Judge convicted the appellants u/S. 302 read with Section 34 IPC and sentenced them to rigorous imprisonment for life and fine of Rs. 5,000/- with default stipulation u/s. 302 IPC. Appellants were further sentenced to rigorous imprisonment for three months under Section 324 IPC.

(3.) As per prosecution case, on 16.03.2005 at about 7.30 to 8 p.m. the appellant Rejia Khatun and her mother Miarma (since deceased) called the victim Muslemuddin to their house. When the victim reached their courtyard, the appellants inflicted injuries to him with a "khukri". Hearing alarm raised by Sakina, mother of the victim, Hasan Ali came there and the accused persons assaulted both Sakina and Hasen with khukri, lathi etc. The victim Muslemuddin later on succumbed to the injuries. PW 2, Ismail Khan lodged the FIR (Ext. 1), on the basis of which police registered Tezpur Police Station Case No.214/2005 u/s. 341/326/307/302/34 IPC and commenced investigation. In course of investigation, the investigation officer recorded statement of the witness, prepared sketch map and sent the body for post mortem examination. The inquest report of the body was prepared by Sub-Inspector of Police, Ananta Das and post mortem examination was conducted by Dr. Tilak Bhattacharjee.