LILESWAR GOGOI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Three persons from the same family faced trial for alleged commission of offence punishable under Section 302 read with Section 34 of the Indian Penal Code (in short IPC). The appellants were sentenced to undergo rigorous imprisonment for life and also to pay a fine of Rs. 4,000/- each, in defaut, to undergo rigorous imprisonment for two (2) years more each.

(2.) The Instant appeal has been preferred from jail, being aggrieved by the Judgment of conviction and order of sentence dated 30.6.2000 passed by the learned Sessions Judge, Dibrugarh, in Sessions case No. 92 of 1999, convicting them under Section 302 read with Section 34 IPC as aforesaid.

(3.) The prosecution version in a nutshell as follows: Banshidhar Gogoi (P. W.-I) who was the father of Lakhi Gogoi (hereinafter referred to as deceased), lodged the FIR alleging that, at about 8 PM on 13/4/1997 the accused Lileswar Gogoi (A1) had called his co-villager Lakhi Gogoi to their house, whereupon two other accused Naren Gogoi (A2) and Akan Gogoi (A3) killed Lakhi Gogoi and thereafter dragged the body and threw the body in the Dhonda Nahar Gaon field. Apart from the killing of the deceased, the accused Naren Gogoi (A2) had injured many of his co-villagers hacking with dao.