GHANA GOGOI Vs. STATE OF ASSAM

JUDGEMENT

(1.) This is an appeal against the judgement and order, dated 13.06.2008, passed, in Sessions Case No. 33 (S-C) 2007, by the learned Sessions Judge (FTC), Sivasagar, convicting the accused-appellant, Ghana Gogoi, under Section 302 IPC and sentencing him to suffer imprisonment for life and pay fine of Rs. 2,000/- and, in default of payment of fine, suffer simple imprisonment for a period of 2 (two) months. The case of the prosecution, as unfolded at the trial, may, in brief, be described thus:

(2.) At the trial, when a charge, under Section 302 IPC, was framed against the accused, he pleaded not guilty thereto.

(3.) In support of their case, prosecution examined altogether 8 (eight) witnesses. The accused was, then, examined under Section 313 Cr.P.C. and, in his examination aforementioned, and the prior thereto, during recording of evidence, the accused took the plea of insanity. No evidence was, however, laid by the accused in support of his plea of insanity.