GANESH KALITA @ DANGARBHAI Vs. STATE OF ASSAM

JUDGEMENT

(1.) The sole appellant Ganesh Kalita has been convicted under Section 302 of the Indian Penal Code (for short IPC) for committing murder of the deceased Jogen Gogoi and has been sentenced to suffer imprisonment for life and pay a fine of Rs. 2,000/- with default stipulation.

(2.) The prosecution case in brief is that on 03.09.2011 at about 3.30 p.m., the appellant came running from his own bicycle shop to the bicycle shop of Jogen Gogoi with a hammer in his hand and assaulted Jogen Gogoi as a result of which he suffered grievous injuries in his left eye which led to his death.

(3.) Shri Mukunda Gogoi, the son of the deceased, had lodged an Ejahar with Kamarbandha Police Out Post in the district of Golaghat on 03.09.2011 reporting the aforesaid incident, on the basis of which a case No. 597 dated 04.09.2011 was registered by the Police under Section 447/302 of the IPC. The Officer-in-charge of the Kamar-bandha Police Out Post has investigated the case and thereafter submitted charge sheet against the appellant who was eventually convicted by the learned Trial Court by the impugned judgement and order dated 15.05.13 passed in sessions case No. 166/2011.