BASANTA GOHAIN Vs. STATE

JUDGEMENT

(1.) THE appellant in this case was convicted under Section 302 of the Indian Penal Code and sentenced to life imprisonment by the Sessions Judge who agreed with and accepted the unanimous verdict of the jury. The appellant Basanta Gohain and his brother Nandeswar were charged under Section 302 read with Section 34 of the I. P. Code and committed to the Court of -Sessions for trial for causing the death of late Maneswar Gogoi, by an assault on the night of 11th December 1952.

(2.) THE prosecution case was that on the evening of 11th December, 1952 there was a feast known as 'Na -khowa' ceremony in the house of P. W. 4 Sopin Barua of village Bagdung Bharaluagaon to Which he invited some of his co -villagers and the family of Maneswar who was related to him through his son's marriage.

(3.) IT has been further suggested by the defence and put to the investigating officer that Must. Labhoti had not mentioned Nandeswar's name as one of the culprits while she made her statement before the Police. This question could be put to the investigating officer after drawing the attention of the witness itself to the statement. But that was not done and as such, it was irregular that it should have gone to the Jury.