GONITA Vs. THE STATE

JUDGEMENT

(1.) THIS appeal is on behalf of one Gonita alias Gauranga Ghose who was convicted under Sections 307 and 326, I.P.C. and sentenced to seven years' rigorous imprisonment under each count, the sentences being directed to run concurrently.

(2.) THE prosecution case is that P.W. 1, Nagen: Chandra Hazarika, and the accused appellant were on friendly terms, and on the day of occurrence Nagen Hazarika had been to the accused's place and had taught him something of Algebra. In the evening, at about 9 or 10 P. M, when Nagen Hazarika was returning from the accused's house on a bicycle, the accused followed him some distance up to the bank of Bhogdoi river, and when Nagen Hazarika got down from his cycle to wash his feet, the accused attacked him from behind and dealt three -cut blows on him, which were of a grievous nature.

(3.) THE incident, as such, is not seriously challenged except that the accused pleads that he is not guilty. The accused's version is that it is true that on the night of the occurrence, it being 28 -7 -53; P. W. 1, Nagen Hazarika, had been to the house of the accused and had actually taught him two sums of Algebra, but while coming out from the house, he came all alone on his bicycle, and the accused did not accompany him, whereas he pursued his own duties by taking food to his father's shop near the Arati Cinema Hall where Nagen Hazarika was a 'Checker'.