ABDUL MAJID Vs. STATE OF ASSAM

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order, dated 25.1.2005, passed by the learned Sessions Judge, Morigaon, in Sessions Case No. 33/03, under section 302 IPC. By the impugned judged and order, the learned Sessions Judge convicted the appellant under section 302 IPC and sentenced him to suffer rigorous imprisonment for life and pay a fine of Rs. 1,000/- and in default to undergo rigorous imprisonment for another period of one month.

(2.) WE have heard Mr. K. K. Goswami, learned Counsel engaged by the Legal Aid Committee and Mr. K. Mazumdar, learned Additional Public Prosecutor, Assam.

(3.) THE offence being exclusively triable by the Court of Sessions, the learned Chief Judicial Magistrate, Morigaon committed the case for trial and the learned Sessions Judge framed charge under section 302 IPC. THE charge was read over and explained to the appellant, to which he pleaded not guilty and claimed to be tried.