GUWAHATI, India, Dec. 20 -- Gauhati High Court issued the following order on Nov. 20:

1. Heard Mr. M. K. Mishra, learned Amicus Curiae, and Ms. S. B. Choudhury, learned counsel, appearing for the appellant. Also heard Mr. M. P. Goswami, learned Additional Public Prosecutor, appearing for the State respondent. Pertinently on 29.10.2025, noticing that there was no representation on behalf of the appellant, this court appointed Mr. M. K. Mishra to represent the appellant in the instant criminal appeal. However, on 10.11.2025, Ms. S. B. Choudhury, learned counsel, appeared before this court and submitted that she has been engaged to appear on behalf of the appellant after the earlier engaged counsel for the appellant shifted his practice from Guwahati. This court accordingly on the same date gave liberty to both the counsels to present arguments for the accused/appellant.

2] The present appeal is directed against the judgment & order dated 06.01.2014, passed by the learned Additional Sessions Judge, Nagaon (hereinafter referred to as the "trial court"), in Sessions Case No. 319 (N)/2005, whereby the accused/appellant was convicted under Section 304 Part-II of the Indian Penal Code, 1860 (hereinafter referred to as the "IPC") and sentenced to suffer rigorous imprisonment for 7 (seven) years and to pay a fine of Rs. 500/- only, in default to suffer rigorous imprisonment for another period of 3 (three) months.

3] The case of the prosecution is that on 30.05.2005 one Billal Uddin, i.e., PW-1 lodged a written ejahar alleging, inter alia, that on 29.05.2005 at about 12.30 pm a quarrel took place between his wife/deceased, i.e., Ayesha Khatun and his brother Najrul's wife, Mustt. Manjila Khatun, i.e., the accused/appellant. At that time suddenly the accused/appellant inflicted injury on the head of his wife with a piece of bamboo. He then immediately took his wife to the Civil Hospital at Samaguri, and after treatment, he took his wife to his house, and on 30.05.2005 at about 3.30 pm his wife died at his house. Accordingly, a case was registered under Sections 325/302 of the IPC. After completion of investigation, the Investigating Officer laid the charge-sheet under Sections 325/302/34 of the IPC against the accused/appellant and her husband Md. Najrul Islam. However, the trial court framed charges under Section 302/34 of the IPC against the accused persons.

4] During the trial, the prosecution examined as many as 7 (seven) witnesses, including PW-1 (informant/husband), PW-2 Musst. Noorjahan Begum (mother-in-law of both the accused and the deceased/claimed sole eye witness), PW-3 Musstt. Sharifa Begum (reported witness/sister-in-law of both the accused and the deceased), and PW-4 Md. Ahmod Ali (reported witness/brother of the deceased), PW-5 Md. Mainuddin (brother of PW-1), PW-6 Dr. Keshabananda Goswami (Medical Officer) and PW-7 Satya Nath Das (Investigating Officer). After closure of the prosecution evidence, the statement of defence of the accused/appellant under Section 313 of the Cr.P.C. was recorded, where she denied all the allegations leveled against her and stated that the deceased pulled her hair & during the scuffle the deceased fell down on a pucca slab, for which she sustained injury.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=lG6h6ilt3H1fOBr4DLdM9f7Pobo8jEBupPfdff3rmeMrZZSFZhflHE5LGyEgYhOd&caseno=Crl.A./52/2014&cCode=1&cino=GAHC010142022014&state_code=6&appFlag=)

Disclaimer: Curated by HT Syndication.