ABHIJIT NANDY Vs. STATE OF ASSAM

JUDGEMENT

(1.) By judgment and order, dated 19.12.2008, passed, in Sessions Case No. 140 (NL) of 2004, by the learned Sessions Judge, Lakhimpur, the accused-appellant, Abhijit Nandy, stands convicted under Section 302 IPC and sentenced to suffer imprisonment for life and pay fine of Rs. 5,000/- and, in default of payment of fine, suffer rigorous imprisonment for one year. The case of the prosecution, as unfolded at the trial, may, in brief, be described thus:

(2.) At the trial, when a charge, under Sections 302 read with Section 34 IPC, was framed against the four accused persons aforementioned, they all pleaded not guilty thereto.

(3.) In support of their case, prosecution examined altogether 7 (seven) witnesses including the Investigating Officer. All the accused were, then, examined under Section 313(1)(b) Cr.P.C. and, in their examinations aforementioned, all the accused denied that they had committed the offence, which they were alleged to have committed, the case of the defence being that of denial. No evidence was adduced by the defence.