ABDUL KASEM Vs. STATE OF ASSAM

JUDGEMENT

(1.) ON conclusion of trial in Sessions Case No. 25/97 the learned Sessions Judge, Morigaon convicted the appellant Abdul Kasem under section 302 IPC and sentenced him to imprisonment for life and to pay a fine of Rs. 1,000, in default, to undergo R.I. for a further period of one month. Being aggrieved thereby, the appellant has preferred this appeal on various grounds mentioned in the Memorandum of Appeal.

(2.) BEFORE we deal with the factual aspect of the matter in the light of the submission made by Mr. HRA Choudhury, learned senior counsel for the appellant, we would like to clear the facts which culminated in the conviction of the appellant.

(3.) ON receipt of the FIR. the Officer -in -Charge of the Police Out -post forwarded the same to the Lahorighat Police Station for registration of a case and accordingly P.S. Case no. 135/94 under section 302 IPC was registered. The police took up investigation, forwarded the dead body for post -mortem examination, examined a number of witnesses and, eventually, on conclusion thereof submitted charge sheet against the appellant Abdul Kasem and Mohammed Ali under section 302/94 IPC.