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2013 Supreme(Gau) 112

I.A.ANSARI, P.K.MUSAHARY
Rina Garh – Appellant
Versus
State of Assam – Respondent


Advocates:
Advocate Appeared:
For Appellant/Petitioner/Plaintiff: Mr. B. Prasad, Amicus Curiae
For Respondents/Defendant: Mr. D. Das, Addl. PP

JUDGMENT

P.K. Musahary, J.

1. A sentence serving woman is before us in appeal. An order of conviction under Section 302 IPC and sentence of imprisonment for life and payment of fine of Rs. 5000/- with default stipulation has been handed down upon her vide judgment and order dated 27.2.2012 rendered by the learned Sessions Judge, Sibsagar in Sessions Case No. 188(S-S) of 2010. As per prosecution story a quarrel took place between accused Sunu Garh and his brother Satnarayan Garh in their house. The appellant, wife of accused Sunu Garh, who was present at home at that time, dealt blows with an iron rod on the person of Satnarayan Garh causing death to him. An Ejahar was lodged by one M. Mallick, brother-in-law of deceased Satnarayan Garh. The police registered a case, being Amguri P.S. Case No. 82/10 under Sections 302/34 IPC and started the investigation. Inquest on the dead body of the deceased was conducted by an Executive Magistrate. The IO visited the place of occurrence, prepared the sketch map and sent the dead body of the deceased to Sibsagar Civil Hospital for holding the post mortem examination. He also seized the crime weapon, namely a piece of iron pipe, which was produced


















































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