Gauhati High Court
Page No.# 1/4 vs The State Of Assam on 23 March, 2022
Page No.# 1/4
GAHC010024272022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Crl.)/55/2022
SMTI. ANILA TALUKDAR
W/O- LATE GANDHA TALUKDAR, R/O- VILL.- SATEMARI, P.S. MUKALMUA,
DIST.- NALBARI, ASSAM, PIN- 781126.
2: SMTI. ANILA TALUKDAR
W/O- LATE GANDHA TALUKDAR
R/O- VILL.- SATEMARI
P.S. MUKALMUA
DIST.- NALBARI
ASSAM
PIN- 781126
VERSUS
THE STATE OF ASSAM
REPRESENTED BY P.P. GAUHATI HIGH COURT.
2:CHAMOPAK BORA
S/O- ABHIRAM BORA
VILL.- MOURA
P.S. AND DIST.- NALBARI
PIN- 781351
Advocate for the Petitioner : MR S C PANDIT
Advocate for the Respondent : PP, ASSAM
Linked Case : Crl.A./147/2021
DHANJIT TALUKDAR AND ANR
Page No.# 2/4
S/O- LATE GANDHA TALUKDAR
R/O- VILL.- SATEMARI
P.S. MUKALMUA
DIST.- NALBARI
ASSAM
PIN- 781126.
2: SMTI. ANILA TALUKDAR
W/O- LATE GANDHA TALUKDAR
R/O- VILL.- SATEMARI
P.S. MUKALMUA
DIST.- NALBARI
ASSAM
PIN- 781126.
VERSUS
THE STATE OF ASSAM AND ANR.
REP. BY THE PUBLIC PROSECUTOR
ASSAM
2:CHAMOPAK BORA
S/O- ABHIRAM BORA
VILL.- MOURA
P.S. AND DIST.- NALBARI
PIN- 781351.
------------
Advocate for : MR S C PANDIT
Advocate for : PP
ASSAM appearing for THE STATE OF ASSAM AND ANR.
BEFORE
HONOURABLE MR. JUSTICE SUMAN SHYAM
HONOURABLE MRS. JUSTICE MALASRI NANDI
ORDER
Date : 23-03-2022
Suman Shyam, J
Heard Mr. S.C. Pandit, learned counsel for the appellant. We have also heard Ms. S.
Jahan, learned Addl. P.P. Assam appearing on behalf of the State as well as Mr. H. Baruah,
learned legal aid counsel, representing the informant.
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By the judgment and order dated 10-03-2021 passed by the learned Sessions
Judge, Nalbari in connection with Sessions Case No. 54/2014, the applicant herein was
convicted along with her son Sri Dhanjit Talukdar under Section 302/34 IPC for
committing the murder of her daughter-in-law by setting her ablaze by pouring kerosene
oil on the body. Since then she is in jail.
The instant I.A. has been filed under Section 389 Cr.P.C. with a prayer to suspend
the jail sentence and also for releasing her on bail.
By referring to the materials available on record, Mr. Pandit, learned counsel for the
appellant submits that the conviction of the applicant is based on multiple dying
declarations. However, the dying declarations, more particularly, the one recorded by the
Doctor at the Mukalmua Hospital does not implicate the applicant. It is also the
submission of Mr. Pandit that there are material contradictions in the testimony of the
prosecution witnesses which renders their evidence unreliable. Contending that the
applicant is an aged lady and suffering from several ailments, a prayer has been made to
allow her to go on bail.
Ms. Jahan, learned Addl. P.P. Assam has strongly opposed the prayer by contending
that even the victim in her statement recorded by the Police has implicated the applicant
and there are reliable evidence on record to show that she was involved in pouring
kerosene over the victim before she was set ablaze. As such, she submits that the prayer
made in this I.A. be rejected.
We have considered the arguments advanced by the learned counsel for both sides
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and have also gone through the materials available on record, more particularly, the
evidence of PWs 1 and 4. After going through the materials on record, we are of the
prima facie opinion that this is not a fit case, where the applicant deserves to be released
on bail.
As such, the prayer made in this I.A. stands rejected.
However, since the appeal has already been admitted and the paper book is also
ready and furnished to both the sides, we direct the Registry to list the appeal for final
hearing in the month of May, 2022.
The I.A. stands disposed of.
JUDGE JUDGE
GS
Comparing Assistant
