Details - Dhemaji

the accused held guilty u/s-457/323 IPC. Hence, she can’t be liable for this
charged offence. Thus, the accused cannot punished for the Charged
offence of Sectioon-323/325 IPC however, she can be well punished for
some lesser offence of Section-335 IPC:- that is punishment for voluntarily
causing grievous hurt on provocation, in accordance of Section-222(2) Cr.
P. C..
The Section-222(2) of Cr. P. C. Illustrations-(b): is very clear- the
accused is can be punished U/S-335 IPC here in the case, though she was
not charged with that section of offence. Thus, I find the accused guilty u/s-
335 IPC.
31) HEARING OIN THE QUESTION OF PUNISHMENT :-
U/S-248 (2) Cr. P. C.-
The accused stated that she is a mother of three children, including a
physically challenged child, aged about 39 years. Her husband lives outside
Dhemaji, presently posted at Bhutan Border, nearby Mangaldoi. She also
sustained injuries during the incident for his defence service. Thereby she
prayed for dealing her case leniently. She stated that she neither convicted
earlier nor she has any criminal mental attitude, she is totally dependent
house wife.
32) O- R- D - E - R
During the incidence the accused person also sustained simple injury
and she is the victim/injured of the cross case, GR-852/08(DMJ). The
accused and the victim are sharing their boundary as neighbor to each
other. The accused a lady, mother of three children including mother of a
physically challenged child and the offence took place at her house at night.
Considering all the circumstances of occurrence of the incidence,
the cases, the injury sustained by the accused, I am of the view that the
accused is definitely needs a lenient punishment. Accordingly on finding