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2023 Supreme(Gau) 832

MICHAEL ZOTHANKHUMA, MALASRI NANDI
Fatima Khatun W/o. Md. Salman Ali – Appellant
Versus
State Of Assam – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MR A TIWARI, AMICUS CURIAE

JUDGMENT :

Malasri Nandi, J

Heard Mr. A. Tewari, learned AmicusCuriae. Also heard Ms. B. Bhuyan, learned Public Prosecutor for the State/respondent.

2. By this appeal filed under Section 374 Cr.P.C., the appellant seeks to challenge the judgment and order dated 25.06.2019 passed by the learned Additional Sessions Judge, Hojai in S.C. No. 19(N)/2017, whereby the accused/appellant was convicted under section 302 IPC and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.10,000/-, in default, to further undergo simple imprisonment for two months.

3. The case of the prosecution is that the informant who is the grandmother of the deceased lodged an FIR on 17.01.2017 before the in-charge Nakhuti Police Outpost, stating interalia that her four years old granddaughter of her youngest son Hussain Ali had been missing from her house since 15.01.2017. After failing to trace her out even after extensive search, suspicion arose in her mind against her daughter-in-law, i.e. the accused/appellant. On questioning her daughter-in-law with the help of the public, her daughter-in-law confessed that she had thrown her into a kutcha well located at No.3 Khring Khring Chadhayaghar v

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