DULU GOGOI Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against the conviction and sentence awarded by learned Sessions Judge, Dibrugarh in Sessions Case No. 176(D) /87.

(2.) The five appellants namely (1) Bulu Gogoi, (2) Kakati Gogoi (3) Girin Gogoi, (4) Rajani Gogoi and (5) Gutibor Gogoi faced the trial under Section 302/34 I.P.C. and learned Sessions Judge found accused appellants guilty of the said Sections and convicted and sentenced them to undergo life imprisonment. Hence this present appeal.

(3.) On 21-6-86 one Samadhar Chetia filed an ejahar against the five accused appellants and one Bhakat Gogoi stating that one Jagneswar Chetia through Maneswar Phukan informed that his son Shri Haren Chetia was assaulted by dao and left in a drain at the southern boundary of Maud Tea Estate. He came to the place of occurrence with some villagers and in the place of occurrence he found his son Haren was lying injured condition. They immediately shifted him to the hospital. The injured told the names of the accused persons and after that the injured died on his way to hospital. The defence version is total denial. In the trial one of the accused Bhakat was acquitted on benefit of doubt.