RAJESWAR GOGOI Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against the judgment and order, dated 22.1.98, passed by the Sessions Judge, Dibrugarh, in Sessions Case No. 18 of 1997, convicting the accused-appellant under section 302 IPC and sentencing him to undergo imprisonment for life and pay a fine of Rs.500/- (Rupees five hundred).

(2.) The prosecution case, as projected at the trial, may in brief, be stated as follows: The accused, at the time of occurrence, used to live with his brother, Bhabesh Gogoi, their mother, Seoti Gogoi, and father, Milbor Gogoi (since deceased). At about 6 O-clock in the evening of 11th August, 1996, as a result of complaining by the accused that he had been given by his father less amount of Pitha (a kind of sweet-pie), the accused had a quarrel with his father and following this quarrel, the accused picked up a dao and gave blows with the same on his father killing him on the spot. On hearing the hue and cry of Seoti, several persons from the neighbourhood rushed to the house of the deceased, they found the deceased lying with injuries on his body and his wearing apparel smeared with blood. Seoti informed the neighbours that it was the accused, who had killed his father. The accused also confessed to his neighbours that he had hacked his father. The other son of the deceased, namely, Bhabesh Gogoi was, at the time of occurrence, away from home and on returning home, when he came to know about the occurrence, he went to Chabua Police Station and lodged there a written FIR (Ext 3). The police arrived at the place of occurrence, held inquest over the said dead body, took the accused into their custody and seized the weapon of offence, namely, a dao from the said house by a seizure list (Ext 5). The accused made ajudicial confession too on 19.8.1996. On completion of investigation, police laid charge sheet against accused under section 302 IPC.

(3.) In all, prosecution examined as many as eight witnesses. The accused was then, examined under section 313 CrPC. In his examination aforementioned, the accused denied that he had committed the offence alleged to have been committed by him. The case of the defence being that of total denial. The defence also took the plea of alibi by asserting that at the time of occurrence, the accused was not present at the place of occurrence and he was away to Chabua. No evidence was, however, adduced by the defence.