ASHIM KR. GOGOI Vs. STATE OF ASSAM

JUDGEMENT

(1.) The criminal investigation was set in motion on lodging of the First Information Report (hereinafter referred to as FIR) (Ext. 1) by Sri Pranab Gogoi (PW 1) with the Officer In-Charge of Geleky Police Station alleging that he has been informed by Sri Manik Saikia (PW 5) that the first informant's brother Ajit Gogoi has been assaulted by his son (appellant Ashim Gogoi), as a result of which he received serious injuries on his person and lying unconscious, who was thereafter, on 10.3.2003, taken to Joysagar Civil Hospital and died there. On the basis of the said information, Geleky Police Station Case No. 9/2010 under Section 302 IPC has been registered and accordingly the investigation has commenced. During investigation, dead body was sent for post mortem examination, the statements of the persons acquainted with the facts have been recorded under Section 161 CrPC, apart from recording the statements of the few witnesses under Section 164 CrPC. One iron rod was also seized on 12.3.2003 from the residence of the first informant (Pranob Gogoi-PW 1) on being produced by him. On completion of the investigation, charge-sheet was filed against the appellant u/s. 302 IPC and the case was committed for trial to the court of Sessions by the learned Judicial Magistrate vide order dated 26.6.2003, the case being exclusively triable by the court of Sessions. Charge under Section 302 IPC, thereafter, was framed by the learned Sessions Judge, Sibsagar, which when read over and explained to the accused-appellant, he denied the charge and claimed to be tried. Hence the trial commenced.

(2.) During the course of trial, the prosecution in order to bring home the charge, framed against the accused-appellant, examined 10 witnesses, namely, Sri Pranob Gogoi, first informant (PW 1), Sri Pradip Gogoi (PW 2), Sri Hema Gogoi (PW 3), Sri Jagno Ram Gogoi (PW 4), Sri Manik Sakia (PW 5), Sri Mohon Rajkhowa (PW 6), Dr. Akhil Hazarika (PW 7), Sri Ranjit Chetia (PW 8), Sri Subhas Chandra Sonowal, Officer-in-Charge of Geleky Police Station (PW 9) and Sri Rameswar Bora, the Investigating Officer (PW 10). PWs 2, 6 and 8 claimed to be the witnesses to the occurrence. PW 1, PW 4 and PW 5 claimed that dying declaration was made by the deceased in their presence. PW 1 also claims that there was an extra judicial confession made by the accused.

(3.) The doctor (PW 7) who conducted the autopsy, proved the post mortem examination report, which has been marked as Ext. 7. After the prosecution witnesses were examined and cross-examined, though the defence was given the opportunity to examine witnesses, he, however, declined to do so. The statement of the accused u/s. 313 CrPC was thereafter recorded.