HARESWAR GOGOI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Appellant Hareswar Gogoi has been convicted under Section 302 of Indian Penal Code and sentenced to imprisonment for life and fine of Rs.5000/- with default stipulation for committing the murder of his brother Rajen Gogoi @ Rajendra Gogoi.

(2.) The case of prosecution is that appellant and Rajen were brothers, but their relations were strained. Both appellant and Rajen, however, lived in the same locality, but they were not on visiting and talking terms. On 24.8.2013, at about 10.30 PM, Rajen went to the house of appellant and started abusing filthily. He then exhorted the appellant not to hide behind his wife and come out or else he would break open the door and cut him. This conduct of Rajen infuriated the appellant so much that he suddenly caused injuries to Rajen with a dao (sharp edge weapon). Rajen, on being injured, fell down at the front door of appellant and died. Brother Amal Gogoi of appellant and Rajen lodged a written ejahar (Exhibit P2) at the Police Station Dergaon. Dr. Rabin Tamuly (PW-1) conducted the postmortem examination on the dead body of Rajen. He found ante mortem bone deep cut on left frontal region of scalp. He also found incised wound extending from left maxillary region to middle of upper lip with broken of upper incisor and canine teeth and one horizontal incised wound on right mid leg. Dr. Rabin Tamuly, in his postmortem examination report (Exhibit 1), opined that the cause of death was shock and hemorrhage due to head injury.

(3.) During trial, most of the witnesses did not support the prosecution case and denied having seen the incident. But from the evidence of Ranu Gogoi (PW-3), wife of appellant, it is established that appellant had caused injuries to Rajen with a dao, when the latter came to their house in the late night and started abusing filthily. No explanation has also been given by Ranu Gogoi, why the dead body of Rajen was found lying in front of the house of appellant. The evidence of Ranu Gogoi is reliable and trustworthy. Her evidence also stands corroborated by the post mortem examination report (Exhibit 1) prepared by Dr. Rabin Tamuly.