JOGEN GOGOI Vs. STATE OF ASSAM

JUDGEMENT

(1.) This is an appeal from jail against the judgment of conviction dated 13th July, 2012 of the learned Sessions Judge, Golaghat passed in Sessions Case No.51/2010 (G.R. Case No.227/2010) (The State of Assam v. Jogen Gogoi). By the said judgment, the accused/appellant has been convicted under Section 302 IPC with the sentence of imprisonment for life and fine of Rs. 1,000/- (Rupees One Thousand). In default to pay the fine, the accused/appellant is to undergo imprisonment for further 6(six) months.

(2.) Golaghat Police Station Case No.111/2010 was registered under Section 302 IPC on the basis of the FIR lodged by PW-1. The incident narrated in the Fir was that at about 7:00 AM, his elder brothers, i.e. the accused/appellant and the deceased, had quarrelled over some domestic issues and the accused/appellant hacked his brother, i.e. the deceased, in various parts of his person, as a result of which he sustained cut injuries. Although he was taken to the hospital but he died there.

(3.) With the registration of the case, the police carried out the investigation and in due course submitted the charge-sheet against the accused/appellant under Section 302 IPC. Charges having been read out to him, he pleaded not guilty and claimed to be tried. Accordingly, trial started.