MILAN GOALA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mrs. M. Gogoi, learned Amicus Curiae who has been appointed as Amicus Curiae in place of Mr. N. Baruah, earlier appointed Amicus Curiae as he has found to be absent when the Jail Appeal No. 104(J)/2002 is called upon for hearing.

(2.) Also heard Mr. B.B. Gogoi, learned P.P., Assam.

(3.) The prosecution case in brief is that on 09.12.2000, when Girin Goala, the brother of the informant Rajesh Goala, P.W.-2 (herein-after referred to as the deceased) came out of his house for night guard duty of the village defence party, the accused Milan Goala, another brother of the informant, came there from somewhere and indulged in altercation with the deceased to whom the later caused serious injuries on his person by stabbing him with the pointed weapon in his hand. The deceased was brought to the Raja Ali Tea Garden Hospital for treatment in an injured state and he died on his way to hospital and to this effect an FIR was lodged by Shri Rajesh Goala, P.W.-2 with the Officer-in-charge, Duliajan Police Station on 10.12.2000.