JAHARUL ISLAM Vs. STATE OF ASSAM

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order, dated 20.06.2005, passed by the learned Sessions Judge, Karimganj, in Sessions Case No. 1 of 2005 (G.R. Case No. 657/04). By the impugned judgment and order, the learned Sessions Judge convicted the accused-appellant, namely, Md. Jahrul Islam, under Section 302 of the Indian Penal Code (for short, 'IPC') and sentenced him to suffer rigorous imprisonment for life and pay fine of Rs. 5,000/-(Rupees five thousand), in default, suffer simple imprisonment for another period of 1 (one) year. Aggrieved by the said conviction and sentence, the convicted person, as appellant, has come up with this appeal.

(2.) WE have heard Ms. A. Devi, learned Amicus Curiae, appearing for the appellant and Mr. D. Das, learned Addl. Public Prosecutor, appearing for the State respondent.

(3.) THE prosecution examined, as many as, 8 (eight) witnesses, including the Medical Officer (PW- 1) and the Investigating Police Officer (PW- 8). At the close of the evidence, the learned trial Judge examined the accused-appellant, under Section 313 of the Code of Criminal Procedure (hereinafter referred to as the "Cr.P.C"). Taking the plea of innocence, the appellant, in his statement, made under Section 313 Cr.P.C., denied the allegations, brought against him and declined to adduce defence evidence.