The appellant prefers this appeal from jail against the judgment dated 30.07.2005 rendered by the learned Ad-hoc Additional Sessions Judge,Lakhimpur in Sessions Case No. 120(NL)/2002 whereby he was convicted U/S 304 Part I of the IPC and sentenced to undergo R.I. for 10 years and to pay a fine of Rs. 500/- and in default of payment of fine, to undergo further R.I for a period of 6 months.

2. The prosecution narrated its story as under :-

On 17.11.96 at around 2.30 P.M, the accused persons in a group armed with Khukri, lathi and sickle trespassed into the informant’s paddy field situated adjacent to her house and intercepted her husband Tonkeswar Gogoi (since deceased). The accused Moina Gogoi then dealt blows with Khukuri on informant’s husband inflicting injuries on head and various parts of his body. The injured husband after the incident was immediately shifted in a taxi to Civil Hospital,North Lakhimpur where he succumbed to his injuries at around 6 P.M. The FIR was lodged by the informant on the next day against 5 persons namely, Shri Moina Gogoi (present appellant), Shri Pakaria Gogoi @ Premodhar Gogoi, Shri Manu Gogoi, Son Gogoi and Shri Saru Pitou Gogoi.

3. On the basis of the

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