LAWS(GAU)-2013-8-24

MD. BILLALUDDIN Vs. STATE OF ASSAM

Decided On August 16, 2013
Md. Billaluddin Appellant
V/S
STATE OF ASSAM Respondents

JUDGEMENT

(1.) WE have heard at length Mr. C Bhattacharjee, learned Amicus Curie and Mr. D Das, learned Additional Public Prosecutor, appearing for the State.

(2.) IN this Criminal Appeal, the appellant has questioned the legality of the judgment and order dated 6.3.09 passed by the learned Sessions Judge, North Lakhimpur, in Session Case No. 20 (NL)/2008, under Section 302 IPC, convicting him under Section 302 IPC and sentencing him to undergo life imprisonment with a fine of '. 3,000/- and in default thereof, to suffer rigorous imprisonment for another six months.

(3.) A number of witnesses were examined by the police. Having found a prima-facie case against the appellant, the police charge-sheeted him under Section 302 IPC to stand the trial. The case was ultimately committed to the learned Sessions Judge, Lakhimpur for trial. At the stage of consideration of the charge, the petitioner pleaded not guilty to the charge and claimed to be tried. The trial court examined 11 prosecution witnesses. The post mortem examination report conducted on the deceased, the inquest report, seizure list, the sketch map and Dolohat O.P.G.D. entry No. 07 dated 01.09.06 were exhibited by the prosecution in the course of the trial. An the conclusion of the trial, the learned Sessions Judge found the appellant guilty of the charge and passed the impugned judgment of conviction and sentence the appellant.