SAKILA SABAR @ MINA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. N Baruah, learned Amicus Curiae for the appellant and also heard Ms. S Jahan, learned Additional Public Prosecutor for the State of Assam.

(2.) An ejahar dated 16.03.2015 was lodged before the Officer-In-Charge of Mariani Police Station by one Biren Nayak, son of Bolo Nayak of Dhekiajuli Tea Estate, Line No.16, Mariani stating that at around 8 pm on 15.03.2015, a quarrel took place between a husband and a wife in a house of Line No.16 of Dhekiajuli Tea Estate. In course of the quarrel, Mina dealt a blow with an axe on the head of her husband Laxman Sabar and as a result, Laxman died at his home.

(3.) The informant Biren Nayak who deposed himself as PW-1 stated that he is the VDP Secretary of Dhekiajuli Tea Estate and at the relevant time, he had just arrived at his house from Bokakhat, the accused came to his house and confessed before him that she had killed her husband Laxman Sabar with an axe which she was holding. It is indicated that Laxman is the nephew of the PW-1. PW-1 further deposed that the accused arrived at his house at about 7.30/ 8 pm and thereafter he along with the accused went to the house of the deceased Laxman and found Laxman lying on the floor with injuries on his body. Thereafter, PW-1 informed the police and the police arrived at the house of the accused and seized the axe from her possession. The witness clearly states in the cross examination that he did not witness the incident.