MONOWARA BEGUM Vs. STATE OF ASSAM

JUDGEMENT

(1.) The challenge in this appeal is the judgment of conviction dated 29.01.2013 passed by the learned Sessions Judge, Udalguri in Sessions Case No. 15(D-U)/2012 convicting the accused/appellant u/s. 302 IPC and sentencing her to undergo Rigorous Imprisonment for life with further sentence of fine of Rs. 1,00,000/-, in default, further Simple Imprisonment for 02(two) years. The prosecution story in brief is that one Md. Taibur Rahman had married the accused/appellant. But during the subsistence of the said marriage, he married the deceased Jabeda Khatun. Jabeda and Monowara often had quarrels and to avoid the same, Taibur kept Jabeda in her father's house. However, Jabeda used to visit her husband Taibur. In one such visit on 26.08.2003, she stayed back with Taibur and Monowara and the quarrels between the two wives started to take place. On 28.08.2003 at about 8/9 A.M., during such a quarrel and in a fit of rage, the accused Monowara along with her husband Taibur hit the deceased Jabeda with a piece of wood inflicting injury and thereafter administered some insecticide. Thereafter, the deceased was taken to nearby hospital at Rowta, but she died on her way.

(2.) On the basis of the FIR lodged by the police (ASI of Police-PW-8), Udalguri P.S. Case No. 96/2003 was registered u/s. 306/302/34 IPC. The FIR was lodged on 01.09.2003. Prior to the said FIR, another FIR was lodged on 28.08.2003 by the brother of the deceased (PW-10) with the Rowta police station with the intimation that his married sister Jabeda aged about 20 years died of taking poison as was informed by her husband Taibur Rahman.

(3.) On the basis of the said FIR, Rowta O.P. GD Entry was made and forwarded the same to Udalguri Police Station for registering an unnatural Death Case and consequently Udalguri P.S. UD Case No. 21/2003 dated 30.08.2003 was registered.