BIREN CHAUTAL Vs. STATE OF ASSAM

JUDGEMENT

(1.) THE accused-appellant, being convicted under section 302 of the Indian Penal Code (hereafter for short referred to as the IPC) and sentenced to suffer imprisonment for life and to pay a fine of Rs. 3000/-, in default, to undergo RI for six months recorded by the judgment and order dated 21.07.2006, passed by the learned Addl. Sessions Judge No. 2 (FTC), Tinsukia in Sessions Case No. 4(T)/2005, is in appeal for redress.

(2.) WE have heard Mr. K Bhattacharee, Advocate assisted by Mr. JC Barman, Advocate for the accused-appellant and Mr. D Das, learned Addl. Public Prosecutor, Assam.

(3.) MR. Das, in reply, has argued that having regard to the confessional statement, the validity as well as the probative worth whereof has not been questioned by the accused-appellant as well as the number of injuries sustained by the deceased, the plea of want of intention is misconceived and, thus, no interference with the impugned judgment and order is warranted.