PADMESWAR GOGOI Vs. STATE OF ASSAM

JUDGEMENT

(1.) In challenge is the judgment and order dated 29.11.2002 passed by the learned Sessions Judge, Dhemaji in Sessions Case No. 86(DH)/2001 convicting the accused/appellant under Section 302 of the Indian Penal Code (for short, hereinafter referred to as 'the Code') and sentencing him to suffer imprisonment for life and to pay a fine of Rs. 3000/-, in default, to undergo rigorous imprisonment for another six months.

(2.) We have heard Mr. P. J. Saikia, learned counsel for the accused/appellant and Mr. D. Das, learned Public Prosecutor, Assam.

(3.) On the records laid before this Court the prosecution case is traceable to the FIR dated 20.09.2001 lodged by one Sri Rabindra Barua with the Officer-in-Charge, Bordoloni Police Out Post alleging that at about 7.30 p.m. of the previous day i.e. 19.09.2001 the accused/appellant had assaulted his brother Mridul Barua with a "Kotari" (sharp cutting instrument like a knife) in the back courtyard of the house of Sri Guna Kanta Barua and that the injured succumbed to the injuries sustained at 11:30 p.m. on the way to Gogamukh Hospital. On the basis of the aforesaid FIR, Gogamukh P.S. Case No. 154/2001 was registered under Section 302 IPC and the investigation followed. The FIR (Exhibit-1) discloses further that the investigation in the case had in fact been taken up on the basis of BDL O.P. GDE No. 274 dated 20.09.2001 which had been forwarded to the Officer-in-Charge of Gogamukh Police Station.