GAHC010212022019 2025:GAU-AS:7475 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : CRL.A(J)/68/2019 SMT. LUDHIYA SURIN SONITPUR, ASSAM.

VERSUS THE STATE OF ASSAM REP. BY PP, ASSAM.

Advocate for the Petitioner : ., MR. M SARMA, AMICUS CURIAE Advocate for the Respondent : PP, ASSAM, B E F O R E Hon’ble MR. JUSTICE SANJAY KUMAR MEDHI HON’BLE MRS. JUSTICE MarLI VANKUNG Advocate for the Appellant : Shri M. Sarma, Amicus Curiae Advocates for the respondent : Ms. S. Jahan, Addl. PP, Assam.

Date of hearing : 08.05.2025 Date of judgment : 06.06.2025 JUDGMENT & ORDER (S.K. Medhi, J)

1. The instant appeal has been preferred from jail against the judgment and order dated 14.03.2019 passed by the Addl. Sessions Judge, FTC, Sonitpur, Tezpur in Sessions Case No. 245/2017 (GR Case No. 1064/2017) corresponding to Jamuguri P.S. Case No. 35/2017 convicting the appellant under Sections 302/201 IPC [corresponding to Section 103/238 of BNS] and sentencing to undergo rigorous imprisonment for life with a fine of Rs. 2,000/-, in default of payment of fine to undergo further rigorous imprisonment for two months for the offence under Section 302 IPC and sentencing to undergo rigorous imprisonment for 7 years with a fine of Rs.1,000/-, in default of payment of fine to undergo rigorous imprisonment for another two months for the offence under Section 201 IPC.

2. The facts concerned are very unfortunate and shocking which involves the death of a 1½ year old infant and the accusation is against the mother who is the appellant.

3. The criminal law was set into motion by lodging of an Ejahar on 31.03.2017 by the husband of the appellant, who is the father of the deceased. He had stated that in the previous evening, i.e., on 30.03.2017, when he had come home after playing volleyball at about 7 p.m., he had found his 1 ½ year old son missing. Accordingly, he had made a search with the co-villagers but did not find him. In the next morning at about 5.30 a.m., he got suspicious about the appellant and accordingly followed her and found her concealing the dead body of the deceased in a small pit by covering it with leaves and branches near a small jackfruit tree behind their house. On going there, he had recovered the body of the deceased and started to cry out loud after which, the villagers had gathered. When the appellant was questioned, she had confessed that she had killed their 1 ½ year old son by pouring hot water on him and hitting him hard on his forehead with a stone. Accordingly, the Ejahar was registered leading to Jamuguri P.S. Case No.35/2017 under Section 302 of the IPC[corresponding to Section 103 of BNS].The investigation was accordingly done whereafter the charge-sheet was laid. The learned Trial Court had accordingly framed the charges under Section 302 r/w Section 201 of the IPC [corresponding to Section 103/238 of BNS] and on denial thereof, the trial had begun in which the prosecution had adduced evidence through 10 nos. of witnesses.

4. PW-1 is the informant, who is the husband of the appellant and father of the deceased infant. He had deposed that on the date of occurrence at about 3 p.m., he had brought rice and biscuits to his house and when his son was eating biscuits, he had noticed that the appellant was boiling water. On asking, the appellant responded that the water was being boiled for the purpose of bathing, both for herself and their minor son. Thereafter, he had left for playing volleyball and on his return to his house at about 7 p.m., on asking about their son, the appellant had replied that she could not find him. Thereafter, he had searched for his son and could not find him on that night. Subsequently, on the next day, he searched for his son in the well but could not find him. At that time, he had noticed that his wife was trying to hide something with the garbage and on being asked, she had stated that she had gone to attend nature’s call. Thereafter, on suspecting foul play and up