BHARAT NAYAK Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against the judgment and order, dated 27.7.2006, passed, in Sessions Case No. 42 of 2005, by the learned Additional Sessions Jude, Dibrugarh, convicting the accused- appellant under section 302. I.P.C. and sentencing him to suffer imprisonment for life and pay a fine of Rs. 2000.00 and, in default of payment of fine, suffer rigorous imprisonment for a period of sixty days. The case of the prosecution, as unfolded at the trial. may, in brief. be described as under:

(2.) To the charge, framed under section 302, I.P.C., at the trial, against the accused, the accused pleaded not guilty.

(3.) In support, of their case, prosecution examined altogether ten 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 by him, the case of the defence being that of denial. No evidence was adduced by the defence.