JIBAN GOGOI Vs. STATE OF ASSAM

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order, dated 26.04.2005, passed by the learned Additional Sessions Judge, Sivsagar in Sessions Case No. 102 (S-S)/2001.

(2.) BY the impugned judgment and order, the learned Additional Sessions Judge convicted Shri Jiban Gogoi (hereinafter called the appellant) under Sections 448/326/302 of the Indian Penal Code (in short, "IPC") and sentenced him to suffer rigorous imprisonment for life and pay fine of Rs. 5,000/- (Rupees five thousand), in default suffer rigorous imprisonment for another period of 1 (one) year for his conviction under Section 302 IPC, suffer rigorous imprisonment for 3 (three) months and pay fine of Rs. 300/- (Rupees three hundred), suffer rigorous imprisonment for 1 (one) month for his conviction under Section 448 IPC and suffer rigorous imprisonment for a period of 3 (three) years and pay fine of Rs. 1,000/- (Rupees one thousand), in default suffer rigorous imprisonment for 2 (two) months for his conviction under Section 326 IPC. It has been directed that all the sentences shall run concurrently.

(3.) THE prosecution case, in brief, as revealed at the trial, may be stated as follows: