GANESH GOGOI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. D. Talukdar, learned Counsel for the appellant. Also heard Mr. P.C. Gayan, learned P.P. Assam.

(2.) The conviction of the appellant under Sec. 302 Indian Penal Code and the resultant sentence to rigorous imprisonment for life with a fine of Rs. 2000.00, in default to payment of fine, further rigorous imprisonment for two months so handed down by the Additional Sessions Judge (Adhoc) at Jorhat in Sessions Case No. 93 (J-J)/03 by the judgment and order dated 7.2.2006, has been assailed in this criminal appeal.

(3.) The fact in brief as projected by the prosecution is that on 30.9.2001 at about 11.30 a.m. while the complainant's father Bhogeswar Baruah (since deceased and hereinafter referred to as "the deceased") was returning home after attending a function in the village, the accused Ganesh Gogoi and his sons Mon Gogoi and Devojit Gogoi dragged Bhogeswar Baruah to their house and tied him with a rope. Thereafter, the accused persons inflicted lathi blows on him for which he sustained grievous injury. On hearing about the incident complainant Prasanna Baruah P.W. 1 rushed to the house of the accused persons and tried to save his father from the clutches of the accused. Accused Ganesh Gogoi also assaulted the informant PW1 with a bamboo lathi causing several injuries on his head and other parts of the body. The deceased was shifted to Jorhat Civil Hospital. Thereafter, he was admitted at Assam Medical College Hospital, Dibrugarh where he succumbed to his injuries.