BIPIN URIA Vs. STATE OF ASSAM

JUDGEMENT

(1.) THE judgment and order, dated 22.12.2004, passed by the learned Additional Sessions Judge (Adhoc), Jorhat, in Sessions Case No.20(J-J) of 2004, is in challenge in this appeal, filed under Section 374 of the Code of Criminal Procedure, 1973, (hereinafter referred to as 'Cr.P.C.'). By the impugned judgment and order, the learned Addl. Sessions Judge convicted the appellant for the offence under Section 302 IPC, and sentenced him to suffer rigorous imprisonment for life and pay find of Rs.1000/- in default, suffer rigorous imprisonment for another period of one month. Aggrieved by the said conviction and sentence, the convicted person, namely, Bipin Uria, has come up with this appeal challenging the correctness of the impugned judgment and order aforesaid.

(2.) WE have heard Mr D.Talukdar, learned counsel, appearing for the appellant and Mr. Z. Kamar, learned Public Prosecutor, appearing for the State respondent.

(3.) AS the offence under Section 302 IPC was exclusively triable by the Court of Sessions, the learned Chief Judicial Magistrate, Jorhat, committed the case to the Court of Sessions. Thereafter, the case was transferred to the Court of Addl. Sessions Judge, Jorhat. The learned trial Judge framed charge under Sections 302/34 IPC against the appellant and four others. The charge was read over and explained to the accused persons, to which they pleaded not guilty and claimed to be tried.