RAJEN TANTI Vs. STATE OF ASSAM

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order, dated 14.05.2007, passed by the learned Additional Sessions Judge No.2, (FTC), Tinsukia, in Sessions Case No. 25(T)/2006.

(2.) BY the impugned judgment and order, the learned Sessions Judge convicted the appellant for the offence under Section 2302 IPC and sentenced him to suffer imprisonment for life and pay fine of Rs. 1,000.00 in default suffer rigorous imprisonment for 3 months.

(3.) DURING the course of investigation police visited the place of occurrence, seized the incriminating weapon vide ext.1, prepared inquest report of the dead body, forwarded the same for post mortem examination and recorded the statement of witnesses. At the close of the investigation police suybmitted charge-sheet under Section 302 IPC. The charge was framed, under Section 302 IPC to which the appellant pleaded not guilty. The prosecution examined as many as 11 witnesses. At the close of the evidence for the prosecution, the accused person was examined under Section 313 Cr.P.C. He denied the allegations brought against him. In his statement, made under Section 313 Cr.P.C., the appellant, while pleading his innocence, stated that he did not make any extra-judicial confession, as alleged by the prosecution. Considering the evidence on record the learned Sessions Judge found the appellant guilty of offence, under Section 302 Cr.P.C. and accordingly convicted and sentenced him as indicated above.