MOINA GOGOI Vs. STATE OF ASSAM

JUDGEMENT

(1.) THE appellant prefers this appeal from jail against the judgment dated 30.07.2005 rendered by the learned Ad -hoc Additional Sessions Judge,Lakhimpur in Sessions Case No. 120(NL)/2002 whereby he was convicted U/S 304 Part I of the IPC and sentenced to undergo R.I. for 10 years and to pay a fine of Rs. 500/ - and in default of payment of fine, to undergo further R.I for a period of 6 months.

(2.) THE prosecution narrated its story as under : -

(3.) THE prosecution examined 6 witnesses including a Medical Officer and the I.O. THE accused persons were examined by the learned trial court U/S 313 Cr.P.C. Putting before them all the incriminating evidence. THEy declined to adduce evidence in their defence. THE learned trial court, thereafter, on consideration of the materials and evidence on record and upon hearing the learned counsel for the parties, acquitted the co -accused Premodhar Googoi (Pakaria Gogoi) for want of cogent evidence against him and convicted and sentenced accused Moina Gogoi as stated above.