PRABHAT GOGOI Vs. STATE OF ASSAM

JUDGEMENT

(1.) The sole appellant Prabhat Gogoi has been convicted under Section 302 of the Indian Penal Code and sentenced to imprisonment for life and fine of Rs.5000/- with default stipulation. He has also been convicted under Section 326 of the Indian Penal Code and sentenced to rigorous imprisonment for 10 years and fine of Rs.1,000/-, with default stipulation. The jail sentences have been ordered to run concurrently.

(2.) The victims of the incident were Phanindra Gogoi, the uncle and Bihuti Gogoi, aunt of the appellant. Phanindra was grievously injured in the incident whereas Bihuti died. She was 35 years at the time of her death.

(3.) According to the prosecution case, on 29.8.2001 around 2.30 p.m., the appellant hacked his paternal uncle Phanindra Gogoi and his aunt Bihuti Gogoi, with a mesidaoin their house near Mahalaxmi Tea garden, Sivasagar. All of them including the appellant used to reside in the same house. Phanindra sustained grievous injuries on his head whereas Bihuti died instantaneously. After so assaulting them, the appellant approached towards the road carrying the dao and on his way met his father Trailokya Gogoi (PW-1). He then narrated Trailokya about the incident and handed over him the dao. Trailokya being fumbled went to his house and found his brother in injured state and took him to Dibrugarh for treatment. He also found the dead body of Bihuti lying nearby. Then he made the Ejahar (Exhibit-1) against the appellant before the police station Borhat of Sivasagar District.