MOHAN CHANDRA GOGOI Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 27-3-87 passed by the learned Additional Sessions Judge, Jorhat whereby appellant Mohan Chandra Gogoi was convicted under Section 302 of the Indian Penal Code and sentenced to imprisonment for life.

(2.) Briefly, the prosecution case was that on 30-7-1982 at about 6.30 p.m. when deceased Jagdish Hazarika had gone for walk the accused had inflicted injuries on him as a result of which he had died. Gama Jagdish Hazarika, hereafter Gama, son of the deceased, came home at about 7.30 p.m. and learnt about the death of his father. He was told by one Buparam Saikia that his father had been killed by the accused. Gama lodged the First Information Report at 8.10 p.m. at Police Station Golaghat. H.K. Barua Investigating Officer arrived at the place of occurrence, held inquest over the dead body of the deceased, sent it for post-mortem examination prepared sketch map, seized some articles lying at the place of occurrence and interrogated the witnesses. The accused was not found. On 5-8-1982 he was found at the check gate at Rajan Tinali and was arrested. The accused was sent for medical examination. Investigation completed, charge sheet was filed.

(3.) At the trial, to the charge under Section 302 of the Indian Penal Code, the accused pleaded not guilty. In support of the charge the prosecution examined P.W. 1 Dr. Rafikur Rahman who had conducted the post-mortem examination on the body of the deceased on 317-1982 P.W. 2 Gama the informant, P.W. 3 Lakheswar Saikia, P.W. 4 Deven Saikia, both claimed to be eye witnesses, P.W. 5 Bupa Ram Saikia, younger brother of Lakheswar Saikia, who had informed Gama and P.W. 6 Hara Kanta Barua the Investigating Officer. The accused in his examination under Section 313 of the Criminal Procedure Code, denied the allegations and pleaded innocence. On consideration of the evidence the learned Additional Sessions Judge found the charge established against the accused and accordingly convicted and sentence him as stated earlier.