MRIDUL GOGOI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. R. Sarma, learned Amicus Curiae for the appellant as well as Ms. S. Jahan, learned Additional Public Prosecutor for the State of Assam. Also heard Ms. K. Phukan, learned Legal Aid Counsel for the respondent no. 2.

(2.) This appeal under Sec. 374(2) Cr.P.C is preferred by the accused appellant Sri Mridul Gogoi (herein referred to as the accused) challenging the judgment and order dtd. 23/9/2019 passed by the learned Additional Sessions Judge (F.T.C), Lakhimpur, North Lakhimpur, in connection with Sessions Case No. 25(NL)/2015, convicting him for the offence punishable under Sec. 302 of the Indian Penal Code (IPC for short) and sentencing him to imprisonment for life and a fine of Rs.5,000.00 with default stipulation. He was however exonerated of the charge punishable under Sec. 341 IPC.

(3.) The FIR (Exhibit-1) unfolds that on 20/7/2013, at about 12:00 noon, Sri Bipul Baruah (hereinafter referred to as the deceased) went to the nearby shop to fetch some goods, when the accused restrained him in front of his house and assaulted him with an iron rod, causing grievous injuries on his abdomen and private parts. The neighbouring people assembled and immediately forwarded the injured to the Dhalpur hospital in an ambulance. The FIR was lodged by the mother of Bipul Baruah, Smt Binu Baruah