BHABA GOGOI Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against the judgment dated 14th July. 2004 passed by the learned 1st Addl. Sessions Judge (Ad-hoc), Sibsagar in Sessions Case No. 38 (S-C)/2003 corresponding to the original Sessions Case No. 57 (S-C)/2003. By the impugned judgment, the appellant has been convicted by the learned Sessions Judge for causing death of his father Normal Gogoi on 23-9-2000 at about 7.30 PM.

(2.) Shri Robin Gogoi lodged an ejahar depicting the incident to the Officer-in- Charge of Sonari Police Station on 24-9- 2000. The ejahar reveals that the appellant Bhaba Gogoi caused the death of his father Normal Gogoi by hacking him with a dao. The police registered a case and proceeded with the investigation. During the course of investigation, the investigating officer prepared the inquest report, forwarded the dead body for post mortem examination, recorded the statement of the witnesses and, on his transfer, submitted the Case Diary to the Officer-in-Charge of the Sonari Police Station. Accordingly, the charge sheet was filed against the appellant u/S. 302 IPC. On commitment, the learned Sessions Judge framed charge against the appellant u/S. 302 IPC for causing death of his father Normal Gogoi intentionally. The prosecution examined as many as 9 witnesses in support of the prosecution while the defence examine none. The defence plea is that the appellant had to retaliate when his father wanted to assault him with a pruning knife after assaulting his mother.

(3.) We have heard Mr. P. K. Deka, learned Amicus Curiae and also Mr. K. Munir, learned PP Assam.