HEMANTA GOGOI Vs. THE STATE OF ASSAM

JUDGEMENT

(1.) The sole appellant Hemanta Gogoi has been convicted under Sec. 302 of Indian Penal Code and sentenced to imprisonment for life and fine of Rs. 5,000.00 with default stipulation.

(2.) The victim of the incident was Probin Tassa, aged about 40 years.

(3.) The appellant used to sell liquor in front of the house of Probin Tassa. On 15.10.2010, sometime in the evening, Probin objected the appellant from selling liquor in front of his house. This enraged the appellant and he, in a fit of anger, dealt one blow with a wine bottle on the head of Probin. The incident was witnessed by Anjana Tassa (PW-2), wife of Probin, as it took place in her courtyard. Ejahar Exhibit 4 of the incident was lodged on 26.10.2010 at Nitai Pukhuri Outpost of Police Station Demow, District Sivasagar by Anjana. Probin was first given treatment in Demow C.H.C. Hospital by Dr. Sunanta Changmai (PW-4) from where, he was shifted to Assam Medical College, Dibrugarh. Probin, however, died on 25.10.2010, during his treatment in the Medical College.