STATE OF ASSAM Vs. PRABHAT GOGOI

JUDGEMENT

(1.) The appellant herein is alleged to have assaulted his wife and his three children including two sons by means of dao, while they were innocently sleeping, and, then, caused self-inflicted injuries on his own person. Of the five persons so allegedly assaulted by the appellant, two of his children, a son and only daughter, died and though his wife and one of the two sons survived, both of them had sustained grievous hurt. Can the case at hand be regarded as one of the rarest of rare cases and whether the sentence of death, passed against the appellant, by the learned trial Court, deserve to be confirmed? These are, in substance, the two vital questions, which we are required to answer.

(2.) By judgment and order, dated 23.04.2013, passed, in Sessions Case No. 124(DH)/2011, by the learned Sessions Judge, Dhemaji, the accused-appellant stands convicted under Sections 302 and 326 IPC and sentenced, for commission of the offence of murder, to death and to undergo, for his conviction under Section 326 IPC, rigorous imprisonment for seven years and pay fine of Rs. 10,000/-, and, in default of payment of fine, suffer rigorous imprisonment for a further period of six months.

(3.) The case of the prosecution, as unfolded at the trial, may, in brief, be described as under: