PADMAMATI MARDI Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal from jail is by the accused appellant Smti. Padmamati Mardi @ Padmabati being aggrieved with the judgment and order of conviction and sentence dated 4.8.2017, passed by learned Sessions Judge, Kokrajhar in Sessions Case No. 19/2017 whereby she has been convicted under Section 302 IPC and sentenced to undergo Rigorous Imprisonment for life with fine of Rs. 5,000/- in default of payment of the same, to undergo further Simple Imprisonment for 3 (three) months for committing the murder of Phulmani Mardi (Pulo Mardi), her sister.

(2.) The prosecution case is that the informant Ram Mardi, PW.2, on 23.10.2016 lodged a written ejahar (Exhibit-1) before the Gurufela Police Out Post of Kokrajhar district, stating that on 22.10.2016 around 08:00 in the morning, when his sisters, Smti. Padmamati Mardi @ Padmabati and Phulmani Mardi were consuming liquor together in the house of the former, both the sisters started quarrelling, during which the younger sister Smti. Padmabati Mardi, inflicted a dao blow on the head of the elder sister Phulmoni Mardi and also cut her hand with it. The informant also stated that said Phulmoni Mardi, who was about 65 years old, ran to his house to save herself, but she died after some time on reaching his house. Said ejahar of the informant was recorded as Gurufela Out Post GD Entry No.414 dated 23.10.2016 and forwarded to the Officer-in-Charge of Kachugaon Police Station, wherein the same was registered as Kachugaon Police Station Case No.72/2016, corresponding to GR (GPR) No. 655/2016 under Section 302 IPC, against the accused appellant. Accordingly, the case was set in motion.

(3.) The Investigating Officer of the case visited village No.1 Lalpur, recovered the accused Smti. Padmamati Mardi @ Padma-bati from the house of one Dinesh Hasda (PW.5), wherein she was found tied with a rope by public and was handed over to him on his visit, retrieved the dead body of the deceased from the house of one Lal Mardi, visited the place of occurrence at village No. 2 Lalpur, drawn its sketch map (Exhibit-3), seized one Boro dao vide Seizure List Exhibit-1 (MR No.52/16), recorded the statements of the witnesses acquainted with the facts of the case under Section 161 Cr.P.C., brought the dead body to the Gurufela Outpost and also the accused, conducted the inquest on the dead body on 23.10.2016 at 11:00 am and prepared the Inquest Report, sent the dead body of the deceased to R.N.B. Civil Hospital, Kokrajhar for its post mortem examination, collected the Post Mortem Report of the deceased Phulmoni Mardi dated 23.10.2016 (Exhibit-2) and on completion of the investigation of the case, filed the Charge Sheet vide No. 51/2016 on 31.12.2016 (Exhibit-4) against the accused under Section 302 IPC.