DULAL SONOWAL Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against the judgement dated 9-5-1995 passed by the Additional Sessions Judge, Dibrugarh in Sessions Case No. 34(D) of 1991 convicting the accused appellant under Section 302, IPC and sentencing him to suffer rigorous imprisonment for life and to pay a fine of Rs. 500/- in default further rigorous imprisonment for two years.

(2.) Smt. Aruna Gogoi sister of Jyoti Gogoi (since deceased) lodged an FIR on 13-3-1990 before the Officer-in-charge of Joypur Police Station informing that on 13-3-1990 at about 7.30 a.m. the appellant and 22 others came in search of her brother Jyoti Gogoi. They entered into his house and assaulted her, set fire in the house. Thereafter the accused persons broke open the door of her house, dragged her brother Jyoti Gogoi to the courtyard and cut him with dao, khukuri, lathi etc. causing instantaneous death. FIR was lodged with the police at 10 a.m. on the same day. Police registered a case and commenced investigation. During investigation police made inquest over the dead body and thereafter sent the dead body for post mortem examination. On being identified, doctor held the post mortem examination over the dead body of the deceased. Police also seized some articles including a dao from the possession of Kanak who was one of the accused before the trial Court. Police thereafter submitted charge sheet under Sections 147/148/149/448/436/302, IPC. Charges were framed.

(3.) During the trial learned Addl. Sessions Judge examined as many as 9 witnesses for the prosecution including the doctor who held the post mortem examination and also the investigating officer. Defence examined none. According to the prosecution there were three eye witnesses namely PW-l, PW 2 and PW 7. After recording of evidence, statements of the accused were recorded under Section 313, Cr. P.C. Learned Addl. Sessions Judge found 22 accused persons not guilty and acquitted them. Learned Judge however found two accused persons, viz. Rohini Gogoi and Gautam Borah guilty under Section 448 and convinced and sentenced them accordingly. The appellant was found guilty under Section 302, IPC. After hearing on the point of sentence learned Addl. Sessions Judge sentenced him to suffer R. I. for life. Hence the present appeal.