DHARMENDRA GOGOI Vs. STATE OF ASSAM

JUDGEMENT

(1.) THERE are two appellants before us, namely, Dharmendra Gogoi and Chakra Bora. They are aggrieved by the conviction and sentence dated 6-11-2003 awarded by the Addl. Sessions Judge (ad-hoc), Jorhat (FTC) in Sessions Case No. 11 (J-J) 2000.

(2.) A First Information Report was lodged by Tarun Borah on 20-2-1996 to the effect that on 19-2-1996 at about 11 p.m. three unknown persons entered his house and took away gold ornaments and cash of Rs. 2500/-. The three unknown persons also raped his wife after he was tied up with a gamocha. He had opened the door of his house to these three persons when they showed him lethal weapons from outside the house.

(3.) THE three accused were committed for trial by an order dated 8-2-2000 and when charged by the Addl. Sessions Judge, Jorhat, they pleaded not guilty on 15-3-2001 and claimed trial.