CHANDAN GOGOI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. JM Choudhury, learned senior Advocate assisted by Mr. AM Bora, learned counsel for the appellant and Mr. PC. Gayan, learned Public Prosecutor.

(2.) The appellant Sri Chandan Gogoi along with two others namely, Rupjyoti Buragohain and Gunapratim Gogoi was tried by the Sessions Judge, Lakhimpur in Sessions Case 86 (NL)/98 for commission of the offence under Section 302/34IPC. On conclusion of the trial, the accused Rupjyoti Buragohain was acquitted whereas accused Gunapratim Gogoi was convicted and sentenced under Section 323 PC. The said Gunapratim Gogoi is not before us. The present appellant Chandan Gogoi was convicted under Section 302 IPC and sentenced to imprisonment for life and hence the present appeal.

(3.) The prosecution version of the occurrence is that on the evening 19-09-96 the' members of the Ghillamara Anchalik Chatra Sanstha oraganised a feast at the PWD Inspection Bungalow situated at Ghillamara Choukham Ghat Gaon. While the members were enjoying the feast, some disturbances and noises were created which led the chowkidar Lila Gogoi to intervene and he requested the persons present there to enjoy their feast and leave the place whereupon the said Lila Gogoi was assaulted and when he took to his heels he was chased by a group of 15 persons. When Lila Gogoi reached near his quarter, the wife and brother-in-law of Lila Gogoi came out and pleaded for mercy. Lila Gogoi was released and he fled the scene. However, the mob bounced upon Babul Gogoi and Gunapratim Gogoi, dealt a fist blow and the present accused appellant Chandan Gogoi hit him on the head with a bamboo post. The injured Babul was removed to the hospital where he succumbed to the injuries.