RAJANI CHANGMAI Vs. STATE OF ASSAM
HIGH COURT OF GAUHATI
STATE OF ASSAM
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Nelson Sailo, J. -
(1.) Heard Mr. S Buragohain, the learned counsel for the appellant and Mr. K Konwar, the learned Additional Public Prosecutor, Assam for the respondents.
(2.) The appellant has filed the present appeal against the judgment dated 11.01.2013 passed by the learned Sessions Judge, Sivasagar in Sessions Case No.79(S-S) of 2008 convicting the appellant under Section 302 of the Indian Penal Code(IPC) and sentencing him to imprisonment for life with a fine of Rs.5000/- and in default thereof to further undergo rigorous imprisonment for six months.
(3.) The case of the prosecution in brief is that a FIR was lodged on 19.10.2006 by Sri Rubul Gogoi i.e., elder brother of the deceased stating that on 18.10.2006, his sister Smti Meenakshi Gogoi eloped with Sri Jadumoni Baruah following a love affair. When the deceased Sri Ratul Gogoi went to Jadumoni Baruah's house to enquire about it, Jadumoni's brother-inlaw Sri Rajani Changmai (the appellant), Jadumoni's mother , Rajani Changmai's wife Menaka Changmai and Jadumoni together with many others, hacked Ratul Gogoi to death with a dao in the courtyard of Jadumoni's house and then left the body on the road in front of the house. As a result, Demow Police Station Case No.106 of 2006 under Section 302/34 of the IPC was registered.;
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