BAGADHAR GOGOI Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against the Judgment dated 30.08.2012, rendered by the learned Sessions Judge, Dhemaji in Sessions Case No. 106(DH) 2008 convicting the appellant, namely, Sri Bagadhar Gogoi of offence U/s. 302/201 IPC and sentencing him to imprisonment for life and also to pay a fine of Rs. 10,000/- (Rupees Ten Thousand), in default R.I. for another 1 (one) year for offence U/s. 302 IPC and sentencing him to suffer R.I. for 5 (Five) years and to pay a fine of Rs. 500/- (Rupees Five Hundred) in default, R.I. for another 6 (Six) months for offence U/s. 201 IPC while acquitting the other accused persons, namely, Sara Suntu Gogoi and Smti. Malati Gogoi of offences aforesaid. Being aggrieved by and dissatisfied with the aforesaid judgment, the appellant, namely, Sri Bagadhar Gogoi (hereinafter referred to as the accused person) has preferred this appeal from jail citing several infirmities in the judgment under challenge.

(2.) We have heard Mr. R.K. Bharali, learned Amicus Curiae appearing for the accused person. Also heard Ms. S. Jahan, learned Addl. Public Prosecutor, Assam, appearing for the State respondent.

(3.) The facts, projected by the prosecution in the F.I.R. dated 19.01.2006 and in subsequent trial, in brief, are that on the basis of G.D. Entry dated 18.01.2006, Silapathar Police disinterred the body of one Dipali Gogoi from a place, close to the house of the accused person. In due course, an inquest on the dead body of such person was done by Learned Executive Magistrate and thereafter, the body of such a woman was sent to Dhemaji Civil Hospital for performing post mortem examination thereon.