MAJANU KALIA Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against the judgment and order, dated 6.2.2008, passed, in Sessions Case No. 27(T) of 2005, by the learned Sessions Judge, Tinsukia, convicting the accused-appellant under Section 302 IPC and sentencing him to suffer imprisonment for life and pay Fine of Rs. 1,000/- and, in default of payment of fine, suffer imprisonment for a period of two months. The case of the prosecution, as unfolded at the trial, may, in brief, be described as under:-

(2.) In support of their case, prosecution examined altogether 10 witnesses. The accused was, then examined under Section 313 Cr.P.C. and, in his examination aforementioned, he denied that he had committed the offence, which was alleged to have been committed, the case of the defence is that of total denial. In his statement, under Section 313 Cr.P.C., the accused also retracted his confession by contending that he had made confession, because of the fact that police had threatened to entangle his daughter if he declined to confess. The defence did not adduce any evidence.

(3.) Having found the accused guilty of the offence, which he stood charged with, learned trial Court convicted him accordingly and passed sentence against him as mentioned above. Aggrieved by his conviction and the sentence, which has been passed against him, the accused has preferred this appeal.