(1.) This appeal is directed against the order and judgment dated 29th September, 1997 passed by the Assistant Sessions Judge, 1st Court Contai convicting the accused appellant herein under section 307 of the Indian Penal Code to suffer rigorous imprisonment for eight years and to pay fine of Rs.3,000/-. In default, to suffer S. I. for a further period of two months.
(2.) The facts of the instant case is as follows:
(3.) Prior to passing of the judgment but after completion of evidence, the charge was altered by order dated 23rd September, 1997 and the initial charges framed was altered to a charge framed under section 307 IPC. Based on the said altered charge, the judgment and order of conviction passed has been challenged in this appeal.