AYESHA KHATUN @ RAKHI JHA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. D. Mazumdar, learned amicus curiae and Mrs. K. Deka learned Public Prosecutor.

(2.) The accused Appellant Smti. Ayesha Khatun @ Rakhi Jha stands convicted for an offence under Section 302, IPC, in Sessions Case No. 59/95 and she was sentenced to imprisonment for life and to pay a fine of Rs. 1,000 in default further imprisonment for three months.

(3.) On the ill-fated day, that is, on 3.5.1995 the accused Appellant was lodged in the female ward No. 3 of Goalpara Jail alongwith the deceased Musstt. Marzina Khatun and Geeta Bala Das (P.W. 3). The accused was in jail in connection with a case under Section 109 Code of Criminal Procedure and the deceased was kept there for safe custody in connection with a case under Section 366, IPC. After taking her meal P.W. 3 Geeta Bala Das went to sleep. The deceased was having a fever for the last two days and she did not take meal on that evening. At about 9 PM there was some hue and cry where upon P.W. 3 got up and saw the accused Appellant catching hold of the hairs of the deceased and banging the head on the pucca wall. The female guard Kiran Bala Mahanta (P.W. 4) also saw the incident from the varandah. The deceased sustained injury on her head fell down unconscious. On alarm being raised other jail officials also arrived and the injured was removed firstly to Goalpara Civil Hospital and therefrom to Gauhati Medical College Hospital. However, the victim succumbed to the injuries on the way.