BABUL LAHON Vs. STATE OF ASSAM

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order, dated 26.07.2007, passed, in Sessions Case No. 34(J -J) of 2006, by the learned Sessions Judge, Jorhat, convicting the accused -appellant, Babul Lahon, under Section 302 read with Section 34, IPC and sentencing him to suffer imprisonment for life and pay fine of rupees ten thousand and, in default of payment of fine, suffer rigorous imprisonment for a period of six months. The prosecution's case may, in brief, be described as under:

(2.) AT the trial, when charges, under Sections 302, 379 and 201 read with Section 34, IPC, were framed, all the accused pleaded not guilty thereto.

(3.) HAVING found that the evidence, as against accused Dulu Bora and accused Jitu Gogoi, were insufficient, the learned trial Court acquitted them accordingly. Having, however, found sufficient evidence against the accused -appellant, Babul Lahon, under Section 302 read with Section 34, IPC, the 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, accused -appellant, Babul Lahon, has preferred this appeal.