Decided on June 12,2018

Labanya Deka @ Lai Deka Appellant
Himeswar Baruah Respondents


Ujjal Bhuyan, J. - (1.) This is a jail appeal preferred by the convict-Smti. Labanya Deka @ Lai Deka against the judgment and order dated 12.05.2014, passed by the leaned Sessions Judge, Lakhimpur at North Lakhimpur in Sessions Case No.84(NL)/2010 convicting the appellant under Sections 302/201 of the Indian Penal Code (IPC) whereafter, she was sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.5,000/-, in default, to undergo rigorous imprisonment for 3 months for the offence under Section 302 IPC and also to undergo rigorous imprisonment for 3 years and to pay fine of Rs.3,000/-, in default, to undergo rigorous imprisonment for 3 months for the offence under Section 201 IPC; both the sentences to run concurrently.
(2.) We have heard Mr. Z Hussain, learned Amicus Curiae for the appellant and Ms. B Bhuyan, learned Addl. Public Prosecutor, Assam. We have also heard Mr. RK Dutta, learned counsel for the informant.
(3.) Prosecution case in brief is that in the evening of 13.01.2003, nephew of the informant Pankaj Barua went to attend Magh Bihu feast, but went missing thereafter. Police was informed about the missing of Pankaj Barua on 19.01.2003. Police as well as Circle Officer of Narayanpur Revenue Circle recovered the dead body, which was gagged and buried, from the enclosed yard of the house of Sri Dimbeswar Deka. Informant mentioned the names of the accused persons as under: - 1. Smti. Lai Deka @ Labanya Deka, 2. Sri Dimbeswar Deka, 3. Sri Kolia @ Sada Barua, and 4. Sri Nabajyoti Phukan @ Akoni Phukan.;

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