LAWS(GAU)-2016-5-113

SHRI DIPEN GOGOI, SON OF LATE GOLAP GOGOI, RESIDENT OF VILLAGE PAKHIMORA GAON, MELENG, PO: CHAULAT, PS: JORHAT, DISTRICT: JORHAT, ASSAM Vs. THE STATE OF ASSAM

Decided On May 18, 2016
Shri Dipen Gogoi, Son of late Golap Gogoi, Resident of Village Pakhimora Gaon, Meleng, PO: Chaulat, PS: Jorhat, District: Jorhat, Assam Appellant
V/S
The State Of Assam Respondents

JUDGEMENT

(1.) Heard Mr. S.S.S. Rahman, learned counsel for the appellant. Also heard Mr. K.A. Mazumdar, learned Additional Public Prosecutor, Assam.

(2.) This appeal is preferred against the judgment dated 29.05.2015 passed by the learned Additional Sessions Judge, Jorhat in Sessions Case No.67(J-J)/2013, convicting the accused, Shri Dipen Gogoi, the appellant herein, under Sec. 302 Penal Code and sentencing him to suffer life imprisonment and to pay a fine of Rs.5,000.00 (Rupees Five Thousand), in default, to undergo rigorous imprisonment for a period of 5(five) months.

(3.) An Ejahar (Exhibit-1) was lodged by the mother of the deceased on 01.12.2008 before the Officer-in-Charge of Bhogdoimukh Police Out Post stating that on the previous night at about 8:00 PM, a quarrel had taken place between her son, Diganta Gogoi (deceased) and his cousin, namely, Dipen Gogoi, the appellant herein, and following the quarrel, Dipen Gogoi assaulted her son, as a result of which he died on the spot. Based on the aforesaid Ejahar, Jorhat Police Station Case No.613/2008 under Sec. 302 Penal Code was registered.