LAPEN GOGOI, JITEN GOGOI Vs. STATE OF ASSAM

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 27.01.2003, passed by the learned Sessions Judge, Sonitpur, Tezpur in Sessions Case No.5/2002 convicting accused/appellants under Section 341/34 and 307/34 IPC and sentencing each of them to pay a fine of Rs.500/ - in default R.I. for three months for offence under Section 341/34 IPC and sentencing each of them to suffer R.I. for three years and to pay a fine of Rs.1000/ - in default R.I. for further period of six months for the offence under Section 307/34 IPC.

(2.) BEING aggrieved by and dissatisfied with the aforesaid judgment, accused/appellants have preferred this appeal alleging several infirmities in the judgment, impugned.

(3.) THE facts necessary for disposal of this appeal, in short, are that on 10.11.2001 at about 6:00 a.m. one Sri Jewram Gogoi was returning home on foot from Kokilaguri centre. When he arrived at the gateway of accused persons, namely, Sri Noga Gogoi and Lapen Gogoi (hereinafter referred to as "accused persons"), they armed with dao started chasing Shri Jewram Gogoi.