LAWS(GAU)-2006-6-57

KAILASH GOUR Vs. STATE OF ASSAM

Decided On June 29, 2006
KAILASH GOUR Appellant
V/S
STATE OF ASSAM Respondents

JUDGEMENT

(1.) This appeal is directed against the Judgment dated 18.6.2005 passed by the learned Ad-hoc Addl. District and Sessions Judge, Nagaon in Sessions Case No. 161 (N)/2000 whereby the appellants on conviction under Section 302/34 have been sentenced to imprisonment for life and to pay a fine of Rs. 2000/- each, in default, to further rigorous imprisonment for six months.

(2.) The prosecution case is that on 14.12.1992 around 10 P.M., the accused persons namely, 1) Gopal Ghosh, 2) Harendra Sarkar, 3) Ratan, 4) Krishna, 5) Sri Ram Gore, 6) Nirmal Dutta, 7) Kailash Gore, 8) Nandulal, 9) Dhirendra Gour, 10) Budhuram Rahang, 11) Barik Timung, 12) Harsingh Gour, 13) Gendela Gour and others formed an unlawful assembly and trespassed into the house of the complainant Md. Taheruddin and killed his wife Mustt. Sahera Khatoon and two daughters Hajera Khatoon and Bimalu Khatoon by hacking them with dao and dagger. They also caused grievous injuries to his eldest son Mustafa and one Md. Jakir Ahmed.

(3.) The police on receipt of the ejahar registered Dabaka PS. Case No. 261/92 under Section 147/148/149/448/302/326 I.RC., took up investigation and in due course submitted charge sheet.