GOLAP BORGOHAIN Vs. STATE OF ASSAM
LAWS(GAU)-2018-11-22
HIGH COURT OF GAUHATI
Decided on November 13,2018

Golap Borgohain Appellant
VERSUS
STATE OF ASSAM Respondents

JUDGEMENT

Hitesh Kumar Sarma, J. - (1.) This is an appeal, preferred from jail, by the accused-appellant, against the judgment and order, dated 30.06.2016, passed by the learned Additional Sessions Judge, Jorhat, in Sessions Case No. 170/2013, convicting and sentencing the accused-appellant to undergo rigorous imprisonment for life and to pay a fine of Rs. 10,000/- with a default clause under Section 302 IPC. 1) The fact leading to the prosecution case is that, on 10.10.2013, at about 7:00 am, while deceased Sunil Lahon was working in his tea garden, the appellant assaulted him with a dao on his neck causing his instantaneous death. PW7, wife of the deceased, lodged the FIR with the Lahdoigarh Police Outpost on the above facts.
(2.) On receipt of the FIR, Lahdoigarh Police Outpost entered the same in the General Diary and then forwarded the FIR to the Teok Police Station. On receipt of the FIR, the Teok Police Station registered a case, being No. 266/2013, under Section 302 of the IPC, investigated into it, collected evidence, and on completion of investigation, laid the chargesheet against the appellant under Section 302 IPC.
(3.) After exhausting all the required legal formalities, the trial court, framed a formal charge against the appellant, under Section 302 IPC. The appellant pleaded innocence to the charge and claimed to be tried. Therefore, the trial commenced.;


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