BHAYA KHARIA Vs. STATE OF ASSAM

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order, dated 16.9.2009, passed, in Sessions Case No. 27(JJ) of 2008, by the learned Sessions Judge, Jorhat, convicting the accused -appellant, under Section 302, IPC and sentencing him to suffer imprisonment for life and pay fine of Rs. 3,000/ - and, in default of payment of fine, suffer rigorous imprisonment for a period of one month. The case of the prosecution, as unfolded at the trial, may, in brief, be described as under: - -

(2.) DURING trial, when charges, under Sections 448 and 302, IPC, were framed against the accused, the accused pleaded not guilty thereto. In support of their case, prosecution examined altogether 13 witnesses. The accused was, then, examined under Section 313 Cr.P.C. and, in his examination aforementioned, the accused denied that he had committed the offences, which were alleged to have been committed by him, the case of the defence being that of total denial. No evidence was, however, adduced by the defence.

(3.) HAVING found the accused guilty of the offence, under Section 302, IPC, the learned trial Court convicted him accordingly and passed sentence against him as mentioned above.