JOGESWAR GOGOI Vs. STATE OF ASSAM

JUDGEMENT

(1.) BY this appeal, the appellant has challenged the judgment and order, dated 28.02.2005, passed by the learned Sessions Judge, Sibsagar, in Sessions Case No. 6(S-S)/2004, arising out of G.R. Case No. 394/2002 (Gelekey P.S. Case No. 26/2002), under Section 302 IPC.

(2.) BY the impugned judgment and order, the learned Sessions Judge convicted the appellant, Shri Jogeswar Gogoi, under Section 302 of the Indian Penal Code (for short, the 'IPC') and sentenced him to suffer imprisonment for life and pay fine of Rs. 2,000/-(Rupees two hundred) only, in default, suffer rigorous imprisonment for another period of 3 (three) months. Aggrieved by the said conviction and sentence, the convicted person, as appellant, has come up with this appeal from the jail.

(3.) AT the close of investigation, Police submitted the charge sheet, under Section 302 IPC, against the appellant. The offence being exclusively triable by the Court of sessions and upon commitment of the case, the learned Sessions Judge, Sivsagar, framed the charge under Section 302 IPC, to which the accused pleaded not guilty and claimed to be tried.