TRILOKYA GOGOI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Challenging the judgment and order, dated 31/8/1996, passed by the learned Sessions Judge, Golaghat, in Sessions Case No. 3/95 under Section 302 IPC, convicting the accused-appellant us 302 IPC and sentencing him to imprisonment for life and pay a fine of Rs. 1,000/- and in default, further rigorous imprisonment for 6 (six) months, the accused-appellant has preferred this appeal from inside the jail.

(2.) The case of the prosecution, as unfolded at the trial, may, in brief, be stated thus: on 29.7.94 at about 8 a.m., at Dolakhoria Gaon, while deceased Tepuram Gogol was ploughing his paddy field along with his nephew, Suren Gogoi, accused Troilakya Gogoi came silently from behind and gave blows with a dao on the neck and cheek of his father, Tepuram Gogok Tepuram fell down on the ground and Suren Gogoi, who was piioughing the land at a distance of about one nal (i.e. 8 cubics) ahead of the place, where Tepuram was ploughing the land, saw the accused running away holding a dao in his hand. Tepuram's elder brother, Jogeswar Gogoi, who was about to ride his bicycle at his house, heard some sound from the direction, where Tepuram was ploughing the land. Jogeswar stopped his bi-cycle and out of curiosity, while he was proceeding towards the place of occurrence, he saw accused Troilakya come running from the field holding a dao in his hand. On reaching the place of occurrence, Jogeswar was informed by Suren that Tepuram had been cut to death. Jogeswar also saw Tepuram lying on the ground with cut injury on his neck. While arrangements were being made to shift Tepuram to hospital, Tepuram succumbed to his injuries. Jogeswar came to Golaghat Police Station and lodged there a written Ejahar (Ext. 6). Treating the Ejahar as First Information Report, Golaghat P.S. Case No. 313/94 u/s 302 IPC was registered, Police came to the place of occurrence., held inquest over the said dead body and prepared Inquest Report (Ext. 3). The accused was arrested at his home and, on being led by him, weapon of offence. namely, the dao was recovered and seized vide seizure list (Ext. 1) by police. The accused also made a judicial confession and his confessional statement (Ext-7) was recorded. Autopsy was performed on the said body and post-mortem report (Ext-5) was prepared. On completion off investigation, police laid charge sheet against the accused under Section 302 IPC.

(3.) On the case being committed to the Court of Sessions, learned Sessions Judge framed a charge under Section 302 IPC against the accused; accused pleaded not guilty thereto. To bring home the charge, prosecution examined as many as 8 witnesses including the Investigating Officer. The plea of the defence, as reflected from the trend of cross- examination and from the statement recorded under Section 313 Cr.P.C., was a mixed plea of denial and of the accused having killed his father under grave and sudden provocation. The defence, however, adduced no evidence.