AFSAR ALI (MD.) Vs. STATE OF ASSAM

JUDGEMENT

(1.) - Present appeal is filed by the accused/appellant challenging the judgment and order dated 17.5.08 passed by the learned Sessions Judge, Dhubri in Sessions Case No. 159/2004, convicting and sentencing the accused to suffer rigorous imprisonment for life with a fine of Rs. 20,000.00 under Sec. 304(B) IPC, in default, simple imprisonment for one year and further convicting and sentencing the accused to undergo R.I. for 2 years under Sec. 498A IPC, with further direction that both the sentence would run consecutively.

(2.) The brief fact, leading to filing this appeal, is quoted here-in-below:-

(3.) On closing the prosecution evidence, the learned Sessions Judge recorded the statement the accused/appellant in terms of the provisions of Sec. 313 CrPC. The accused in his statement under Sec. 313 Crimial P.C. took the stand of total denial. Further the accused also declined to adduce any evidence on his defence. Considering all the evidence on record and after conclusion of the hearing, the learned Sessions Judge convicted and sentenced the accused persons as aforesaid, giving rise to this appeal.