KALPANA PATGIRI Vs. STATE OF ASSAM

JUDGEMENT

(1.) The appellant was convicted under Section 302 IPC and sentenced to undergo imprisonment for life and to pay fine of Rs. 5000/- and in default of payment of fine, to undergo imprisonment for another two months vide judgment and order dated 8.10.2010 rendered by the learned Sessions Judge, Barpeta in Sessions Case No. 192/2007. Aggrieved by and dissatisfied with the same the appellant is before us in appeal challenging the aforesaid order of conviction and sentence. The prosecution story is based on a written first information report lodged by PW 2 who informed the police that his wife killed their one year old girl baby on 18.5.2005 at around 12 noon by strangulation and she herself attempted to commit suicide by hanging by means of a piece of cloth inside the house, who was discovered in an unconscious state and removed to hospital. The FIR was lodged while she was under treatment in the hospital. In the FIR it is mentioned that she was under psychiatric treatment for last 3 years. Thus the Patacharkuchi P.S. Case No. 91 of 2005 was registered under Section 302 IPC. Investigation was taken up. The I.O., PW 13, visited the place of occurrence, examined several witnesses including some neighbours, held inquest on the dead body, prepared the sketch map of the place of occurrence, sent the dead body for post mortem examination and after completion of investigation, collected post mortem report. On his transfer the charge-sheet was submitted by Shri Amit Sutradhar, S.I. of Police against the appellant under Section 302 IPC. On committal, the learned Sessions Judge framed the charge under Section 302 IPC, read over and explained the charge to the appellant who pleaded not guilty and claimed to be tried.

(2.) I have heard Mr. B.M. Choudhury, learned counsel for the convict appellant and Mr. K.A. Mazumdar, learned Addl. Public Prosecutor, Assam.

(3.) The prosecution examined as many as 13 witnesses including the M.O. and the I.O. for establishing the charge, against which the defence also examined two witnesses to prove the innocence of the appellant. The learned trial Court, on consideration of evidence and materials available on record and also upon hearing the learned counsel for the parties, ordered the conviction and sentence as referred to above.