BHARAT CH. BORO Vs. STATE OF ASSAM

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 21.6.2007 passed by the learned Addl. Sessions Judge(F.T.C.), Darrang, Mangaldoi in Sessions Case No.45(DMFT)2006 convicting the accused appellant of offence under Section 304 Part-I of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for 10 years and to pay a fine of Rs.1,000/- in default, to rigorous imprisonment for another three months for the offence aforesaid.

(2.) BEING aggrieved by and dissatisfied with the aforesaid judgment, the accused appellant preferred this jail appeal.

(3.) SINCE the offence under Section 302 IPC is exclusively triable by the Court of Sessions, the learned Magistrate, before whom the charge sheet was so laid, committed the case to the Court of Sessions, Darrang at Mangaldoi for disposal in accordance with law. Learned Sessions Judge, on receipt of the case on commitment, transferred the case to the file of the learned Addl. Sessions Judge (FTC) for disposal. On receipt of the case on transfer, the learned Addl. Sessions Judge heard the parties, perused the materials on record and framed charge under Section 302 IPC against the accused person and the charge, so framed, on being read over and explained to the accused person, he pleaded not guilty and claimed to be tried.