SITAL DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) THIS is an appeal against the judgment and order, dated 16.05.2006, passed, in Sessions Case No. 249 (N)/2005, by the learned Additional Sessions Judge (ad hoc), Hojai, Sankardev Nagar, convicting the accused -appellant, Sital Das, under Sections 302, 326 and 448, IPC and sentencing him, for his conviction under Section 302, IPC, imprisonment for life and pay fine of Rs. 2,000/ - and, in default of payment of fine, suffer rigorous imprisonment for sixty days and also to suffer, for his conviction under Section 326, IPC, rigorous imprisonment for seven years with fine of Rs. 2,000/ - and, in default of payment of fine, suffer rigorous imprisonment for sixty days and, further undergo, for his conviction under Section 448, IPC, simple imprisonment for a period of one month, all the sentences having been directed to run concurrently. The case of the prosecution, as unfolded at the trial, may, in brief, be described thus:

(2.) DURING trial, when the charges, under Sections 302, 326, 379 and 448, IPC, were framed against the accused -appellant, he pleaded not guilty thereto.

(3.) HOWEVER , on finding the accused not guilty of the offence under Section 379, IPC, the learned Trial Court acquitted him thereof, but having found the accused -appellant guilty of the offences under Sections 302, 326 and 448, IPC, the learned Trial Court convicted him accordingly and passed sentences against him as mentioned above. Aggrieved by his conviction and the sentences passed against him, the accused has preferred this appeal.