DULAL GOGOI Vs. STATE OF ASSAM

JUDGEMENT

(1.) BEING aggrieved by his conviction under Section 302 of the Indian Penal Code (hereinafter for short referred to as the IPC), for which he had been sentenced to suffer R. I. for life and also to fine of Rs. 500. 00, in default to serve for further 3 (Three) months R. I. as recorded in the judgment and order dated 28. 02. 2002 passed by the learned Addl. Sessions Judge (Ad-hoc), Jorhat in Sessions Case No. 60 (J-J)/2001, the appellant-accused has preferred this appeal from Jail. We have heard Ms. M. Bujarbaruah, learned Amicus Curiae for the appellant-accused and Mr. K. C. Mahanta, learned Public Prosecutor, Assam.

(2.) THE prosecution case unfolds with the FIR dated 12. 11. 2000 lodged by Smt. Junmoni Gogoi, wife of the deceased with the Officer-in-charge, Mariani Police Station, Mariani alleging deadly assault by the appellant-accused on her husband at 7. 30 P. M. on 11. 11. 2000 with a "fang Kore" (rake) in her presence. The FIR, further disclosed that the injured though, soon thereafter, was removed to the Jorhat Civil Hospital, he succumbed to the injuries sustained at about 1 A. M. On receipt of the FIR, Mariani P. S. Case No. 71/2000 under Section 302 of the IPC was registered and on the completion of the investigation, a charge-sheet was laid under the above provision of law against the appellant-accused. The case being triable exclusively by the Court of Sessions, the same was committed thereto and eventually was tried by the learned Addl. Sessions Judge (Ad-hoc), Jorhat.

(3.) THE statement of the appellant-accused under Section 313 of the Cr. P. C. was recorded, in which he while pleading denial to the charge attributed to the contrary an aggressive role of the deceased for which he had to flee to save his life. The appellant-accused further alleged that at the relevant time, the deceased was in an inebriated state and further suggested that the deceased might have in that condition in course of the chase, fallen with the rake and had injured himself (deceased) causing grievous injuries leading to his death. He also alleged mental illness of the deceased at the relevant time. The appellant-accused examined himself and one Sri Bhogeswar Gogoi as witnesses in defence. The learned trial Court, however, on a consideration of the evidence on record convicted and sentenced him as above.