JAIRAJ CHETTRI Vs. STATE

JUDGEMENT

(1.) This is an appeal against the judgment dated 10th November, 2006 and order dated 13th November, 2006 passed by learned 3rd Court of Additional Sessions Judge, Darjeeling in Sessions Trial No. 15 of 2006 arising out of Sessions Case No. 47 of 2005. By the said judgment and order the learned Trial Court held the present appellant guilty of the offence under Section 302 of the I.P.C. and convicted him accordingly. He had been sentenced to suffer imprisonment for life and to pay fine of Rs. 50,000/- in default, to suffer further imprisonment for five years. The prosecution case, in a nutshell, is.

(2.) After completion of investigation, police authority submitted charge sheet. The case was thereafter committed to the learned Court of Sessions and then sent to the learned Trial Court.

(3.) The present appellant as accused person was charged for the offence under Section 323/302/506 of the I.P.C. He pleaded 'not guilty' to the said charge and claimed to be tried.