BIMAL DUWARAH Vs. STATE OF ASSAM

JUDGEMENT

(1.) The sole appellant in this case has been convicted under section 302 of the IPC for committing the murder of deceased Bijit Gogoi and sentenced to undergo rigorous imprisonment for life and also to pay fine of Rs.15,000/- and in default, to undergo rigorous imprisonment for a further period of six months.

(2.) The prosecution case, as unfolded during trial, is that on 04.05.2012 at about 7:00 p.m. in the evening, the accused had assaulted the deceased Bijit Gogoi on his forehead with an axe, as a result of which, he had received grievous injuries. The victim was shifted to the hospital where he received treatment but later on he had succumbed to his injuries.

(3.) On 05.05.2012, Smti. Rupi Gogoi i.e. the wife of the deceased, had lodged an F.I.R. with the Officer-in-Charge, Bhogamukh Police Station informing the Police that the accused had hacked her husband on the head with an axe as a result of which, he had sustained grievous injuries and was undergoing treatment in the Dibrugarh Medical College Hospital in a very critical state. On receipt of the F.I.R. Bhogamukh P.S. Case No.10/2012 was registered under sections 341 / 326 of the Indian Penal Code (IPC). Subsequently, after the death of the deceased, section 302 of the IPC was added. The Investigating Officer (IO) had recorded the statement of the witnesses, drew up sketch map, seized the axe and on completion of investigation submitted charge-sheet against the accused under section 302 IPC. Since the accused had pleaded innocence, hence, the matter went up for trial.