JITEN LOHAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against the judgment and order, dated 18.08.2007, passed by the learned Sessions Judge, Dibrugarh, in Sessions Case No. 146 of 2005, convicting the accused-appellant under Section 302 IPC and sentencing him to suffer imprisonment for life and pay a fine of Rs. 5,000/- and, in default of payment of fine, suffer rigorous imprisonment for a period of three months. The case of the prosecution, as surfaced at the trial, may, in brief, be described as under:

(2.) At the trial, a charge was framed under Section 302 IPC, To the charge so framed against him, the accused-appellant pleaded not guilty.

(3.) In support of their case, prosecution examined altogether 8 (eight) witnesses. The accused was, then, examined under Section 313 Cr. P.C. and, in his examination aforementioned, the accused denied that he had committed the offence, which was alleged to have been committed by him, his case being that of denial except that the axe, in question, had been seized at his instance. No evidence was adduced by the defence.