ANIL GOGOI Vs. STATE OF ASSAM

JUDGEMENT

(1.) The sole appellant Anil Gogoi has been convicted under Section 302 of Indian Penal Code and sentenced to imprisonment for life and fine of Rs.3,000/- with default stipulation for committing the murder of Madan Hazarika.

(2.) According to the prosecution case, Madan Hazarika lived with his family in the neighbourhood of appellant. On 8.4.2012 at about 8.30 a.m. Madan Hazarika went to the house of appellant for some work. And there appellant gave repeated blows on the head of Madan Hazarika with a heavy sharp edged dao (hachet), as a result of which, he died on the spot. The incident was witnessed by Putoli Gogoi (P.W.4), sister of appellant. Renuka Gogoi (P.W.5) is wife of appellant. At the time of incident, she was in the backyard of her house. And as she came inside she saw the appellant fleeing away. An ejahar (Exhibit-2) of the incident was lodged by Renu Hazarika, wife of Madan Hazarika at Police Station Mariani on the same day. The police came to the spot and prepared the Inquest Report.

(3.) Dr. Nitu Kumar Gogoi (P.W.3) conducted the post mortem examination on the body of Madan Hazarika. He found two chop wounds on the head and one incised wound on the right thumb of Madan Hazarika. Dr. Nitu Kumar Gogoi opined that the cause of death of Madan Hazarika was homicidal due to injuries which were ante mortem in nature. Dr. Nitu Kumar Gogoi also opined that injuries were caused by moderately heavy sharp cutting weapon. His post mortem report is Exhibit-1.