HEMO GOGOI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. R. Sarma, learned Amicus Curiae along with Mr. A. Dey, learned counsel appearing for the appellants and Mr. TK Mishra, learned Additional Public Prosecutor appearing for the State of Assam. Although notice had been duly served on the informant respondent No.2, but none appears for the respondent No.2.

(2.) This is an appeal against the judgment and order dated 27.07.2017 of the learned Sessions Judge, Sivasagar, passed in Sessions Case No.14(S-S)/2015, whereby the accused appellant was convicted under Section 302 IPC and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.1000/- and in default of payment of fine, to undergo further simple imprisonment for 01(one) month. Being aggrieved, the appellant preferred this appeal.

(3.) An ejahar dated 28.04.2014 was lodged before the Officer-in-Charge of Cherekapar Police Out Post by Durga Gogoi inter-alia stating that around 8.00 a.m. on 28.04.2014, Hemo Gogoi, son of late Haimora Gogoi, a resident of Bokshu Bokul village had killed Prasanta Gogoi, son of Sri Karneswar Gogoi, also a resident of the same village by hacking him with a dao. Following the resultant investigation, the accused Hemo Gogoi was charged of having caused death of Prasanta Gogoi thereby committing an offence under Section 302 of the IPC.