PRANESWAR GOGOI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Ms. R. D. Mazumdar learned Amicus Curiae representing the appellant. Also Mr. K. C. Mahanta learned Public Prosecutor. State of Assam.

(2.) The conviction of the appellant under sections 302/447 Indian Penal Code and sentence to suffer rigorous imprisonment (R. I. for short] for life and to pay a fine of rupees 1,000.00 in default R. I. for three months under section 302 Indian Penal Code and a fine of Rs. 500.00 in default R. I. for one month under section 447 Indian Penal Code , handed down by learned Addl. Sessions Judge (Ad hoc), Jorhat by his judgment and order dated 29.6.2002 (rendered in Sessions Case No. 44 (J - J) 2001 have been assailed in this Jail appeal preferred by the appellant from jail.

(3.) The facts in brief, as portrayed by the prosecution, are that the appellant at about 6-30/7.00 PM on 6.9.1999 killed one Mohan Gogoi (hereinafter referred to the 'deceased') in his house itself by trespassing into the compound of the deceased's house. To this effect, PW-1, Padmeswar Gogoi, brother of the deceased, lodged an Ejahar on the same day i.e. 6.9.1999 with Panikheti Police Out Post under Borholla Police Station. The investigation ensued and on completion of the investigation, the police submitted charge sheet against the appellant under section 447/302 Indian Penal Code