PHATIK CHANDRA GOGOI Vs. STATE OF ASSAM

JUDGEMENT

(1.) This is an appeal against the judgment dt. 28-4-1983 passed by the Additional Sessions Judge, Sibsagar, whereby the appellant was convicted under S. 302 I.P.C. and sentenced to imprisonment for life.

(2.) The prosecution case was that on 24-8-80 at about 5.30 p.m. accused Phatik Chandra Gogoi had caused the death of Dina Sangmai of his village, by inflicting injuries with a dao. The accused had been taken to the Police Station by the informant Hiteswar Gogoi who had lodged the Ejahar at 8 p.m. the same day. S. I. Badaruddin Ahmed investigated the offence, visited the house of the accused who produced a dao. The accused made a confessional statement before the Judicial Magistrate Sri K. Ahmed on 26-8-80. After completion of the investigation, charge-sheet was submitted.

(3.) At the trial, the appellant had pleaded not guilty to the charge. The prosecution had examined P.W. 1 Dr. N. Ahmed who had performed autopsy on the body of deceased Dina Nath Shangmai on 25-8-80. P.W. 2 Rajni Kumar Barua P. W. 3 Devi Nath Gogoi were declared hostile. The confessional statement recorded by Sri K. Ahmed, Judicial Magistrate was produced as Ext-6. It was formally proved by P.W. 6, Badaruddin Ahmed, Investigating Officer. P.Ws. 4 and 5 were formal witnesses. Accused Phatik Gogoi in examination under S. 313 Cr. P.C. retracted the confession. On consideration of the evidence, the learned Additional Sessions Judge found the charge established, convicted and sentenced the accused as stated earlier. Aggrieved, the accused preferred the appeal. Shri Amitav Roy, Advocate was appointed to present the appeal.