BIREN NAIK Vs. STATE OF ASSAM

JUDGEMENT

(1.) This is an appeal against the judgment and order, dated 17.02.2006, passed, in Sessions Case No. 79 (T)/2002, by the learned Additional Sessions Judge No. 2 (FTC), Tinsukia, convicting the accused-appellant, Biren Naik, under Sections 302 and 326 IPC and sentencing him to suffer, for his conviction under Section 302 IPC, imprisonment for life and pay fine of Rs. 5,000/- and, in default of payment of fine, suffer rigorous imprisonment for a period of five years and also to undergo, for his conviction under Section 326 IPC, rigorous imprisonment for seven years and pay fine of Rs. 2,000/- and, in default of payment of fine, suffer rigorous imprisonment for a further period of four months, both the sentences having been directed to run concurrently. The case of the prosecution, as unfolded at the trial, may, in brief, be described as under:

(2.) During trial, when charges, under Sections 302 and 326 IPC, were framed against the accused, he pleaded not guilty thereto.

(3.) In support of their case, prosecution examined altogether 13 (thirteen) witnesses. The accused was, then, examined under Section 313 Cr.PC and, in his examination aforementioned, he denied to have committed the offences, which were alleged to have been committed by him, the case of defence being that of total denial. No evidence was adduced by the defence.