MD NOOR AHMED Vs. STATE OF ASSAM

JUDGEMENT

(1.) By judgment and order, dated 17-6-2004, passed in Sessions Case No. 271(N)/2002, by the learned Sessions Judge, Nagaon, the accused-appellant stands convicted under Section 302, I. P. C. and sentenced to suffer imprisonment for life and pay fine of Rs. 2,000/- and, in default, to suffer rigorous imprisonment for a period of six months.

(2.) The case of the prosecution, as unfolded at the trial, may, in brief, be described thus:

(3.) To the charge, framed under Section 302, I. P. C, the accused-appellant pleaded not guilty. In support of their case, prosecution examined five witnesses. The accused was, then, examined under Section 313, Cr. P. C. In his examination aforementioned, the accused-appellant denied that he had committed the offence, which is alleged to have been committed by him, the case of the defence being that of total denial. No evidence was adduced by the defence. Having found the accused-appellant guilty of the offence charged with, the learned trial Court convicted him accordingly and passed sentence against him as mentioned above. Hence, this appeal.