NAVIN SINHA,J. - (1.) Leave granted.
(2.) The appellant is the wife of the deceased convicted under Section 302 I.P.C. and sentenced to life imprisonment with fine of Rs.1,000/ and in default, imprisonment for one month.
(3.) The deceased resided along with the appellant and his minor daughter CW1, Miss Puja Hazarika, aged about 9 years, in the tenanted premises belonging to PW1 Manoj Kumar Deka, PW2 Dipen Deka and PW3 Bhrigumoni Deka, who are brothers. The appellant is stated to have assaulted the deceased in the intervening night of 10.05.2013/11.05.2013. PWs. 1, 2 and 3 are stated to have heard noises and on going there, found the deceased with head injury attributed to a fall, but that the deceased was otherwise alright. They were unable to take him to the hospital because of rains and the unavailability of an ambulance. According to the postmortem report proved by PW 6, Dr. Ritu Raj Chaliha the deceased had the following injuries on his person : (i) Chop wound of size 11 cm x 2 cm x muscle deep present on left side of cheek 6 cm medial tragus and 1 cm above angle of mandible. (ii) Chop wound of size 9 cm x 2 cm x muscle deep present back of occipital region. (iii) Chop wound of size 4 cm x 2 cm x muscle deep present on left side of forearm. (iv) Laceration of size (5 x 4) cm present over left wrist joint on posterior aspect. (v) Chop wound of size (4 x 1) cm x muscle deep, present over temporal region on right side. (vi) Chop wound of size (6 x 2) cm of muscle deep present over back of scapula. (vii) Fracture of temporal bone on both sides. All injuries were ante mortem and caused by moderately heavy sharp cutting weapon and homicidal in nature. ;