JAYANTA DEKA Vs. STATE OF ASSAM

JUDGEMENT

(1.) This is an appeal against the judgment and order, dated 17.08.2009, passed, in Sessions Case No. 52 of 2006, by the learned Sessions Judge, Nalbari, convicting the two accused-appellants, namely, Jayanta Deka and Basanti Deka, under Section 304B IPC, and sentencing each of them to suffer rigorous imprisonment for a period of 7(seven) years. The prosecution's case, as unfolded at the trial, may, in brief, be described as under:

(2.) At the trial, when a charge, under Section 304B IPC, was framed against the accused, both the accused pleaded not guilty thereto.

(3.) In support of their case, prosecution examined 8(eight) witnesses. The accused were, then, examined under Section 313(1)(b) Cr.P.C. and, in their examinations aforementioned, they denied that they had committed the offence, which was alleged to have been committed by them, the case of the defence being that of total denial. No evidence was adduced by the accused.