SRI BOBY GOGOI @ LOHIT Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Ms. D. Borgohain, learned Amicus Curiae for the appellant and also Mr. K.A. Mazumdar, learned Additional Public Prosecutor, Assam for the respondent.

(2.) This present appeal is directed against the judgment and order dated 3.9.2012 passed by the learned Sessions Judge, Golaghat in Sessions Case No. 118/2008 whereby the accused/appellant has been convicted under Sec. 302 Penal Code and sentenced him SI for life and to pay a fine of Rs. 5000.00 and in default of fine, SI for one year.

(3.) The prosecution story in brief is that on 2.5.2008 at around 8 PM, the accused appellant inflicted cut injury on the neck of the his elder brother Krishna Gogoi by means of sharp weapon and as a result, Krishna Gogoi succumbed to his injuries on the way to hospital. One Sri Narayan Bora/brother-in-law of the deceased lodged an FIR before the O/C Merapani P.S. on the next day of occurrence. Accordingly, Merapani P.S. Case No. 47/2008 was registered under Sec. 302 Penal Code. On completion of the investigation, police submitted charge sheet under Sec. 302 Penal Code against the accused/appellant. The accused stood the trial before the Court of Sessions. The charge under Sec. 302 Penal Code was framed and explained to the accused person, to which, he pleaded not guilty. During the course of trial the prosecution examined 10 witnesses and defence examined none. Plea of defence as averred from the statement under Sec. 313 Crimial P.C. is of private defence. It is pleaded that he has given the dao blow to the deceased to safe himself while the deceased want to cut him with a knife.