JOGOI TELI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. N. Deka, learned amicus curiae appearing for the sole appellant. Also heard Ms. S. Jahan, learned Addl. P.P. Assam appearing on behalf of the State/ respondent No. 1. None has appeared for the informant/ respondent No. 2.

(2.) This appeal from jail is directed against the judgment dtd. 17/8/2019 passed by the learned Sessions Judge, Hailakandi in connection with Sessions Case No. 24/2014 convicting the appellant under Sec. 302 of the Indian Penal Code (IPC) and sentencing him to undergo rigorous imprisonment for life and also to pay fine of Rs.5,000.00 with default stipulation.

(3.) The prosecution case, in a nutshell, is to the effect that on 7/5/2012, at around 02:00 p.m. the appellant/ accused Jogoi Teli had hacked the victim Dilip Teli with a 'dao' causing death to him. On 7/5/2012 itself, the wife of the deceased Smti. Binati Teli (PW-1) lodged an ejahar with the In-Charge of Bilaipur Police Outpost, coming under Lala Police Station, reporting the incident. In the ejahar, 05 persons including the appellant had been shown as accused persons whereby, it was alleged that the accused persons had gheraoed her husband and the main accused, i.e. the appellant herein had assaulted him with a 'dao'.