BHABANI GOGOI Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 2.1.2007, passed by the learned Sessions Judge, Dibrugarh, in Sessions Case No. 110/2004. By the impugned judgment and order, the learned Sessions Judge convicted the appellant u/s. 302 IPC and sentenced him to suffer imprisonment for life and pay fine of Rs. 5,000/-, in default suffer rigorous imprisonment for another period of 2 (two) months. Aggrieved by the said conviction and sentence, the convicted person, as appellant, has come up with this appeal. We have heard Mr. Sanjoy Kr. Medhi, learned Amicus Curiae and Mr. D. Das, learned Addl. P.P., Assam, appearing for the State respondent.

(2.) The prosecution case, in brief, is that on 14.5.2003 at about 11-30 p.m. when Sri Mantu Chetia, hereinafter called the deceased, was returning home with Mr. Jitu Tapan Konwar, (PW-1) and Mr. Ramen Phukan, (PW-3). Sri Bhabani Gogoi i.e. the appellant intercepted the deceased on the road, and hacked him to death with a dao. Though the deceased was shifted to the hospital, he succumbed to the injuries on way to the hospital.

(3.) During investigation police visited the place of occurrence, prepared inquest report (Ext-5) to the dead body of the deceased, sent the dead body for post mortem examination, examined the witnesses and arrested the appellant. Police also seized a meat dao vide Ext. 3(4) on being shown by the appellant.