BIRJU CHOWTAL Vs. THE STATE OF ASSAM

JUDGEMENT

(1.) ACCUSED Birju Chowtal faced trial for having allegedly committed offences punishable under Sections 449, 436 and 302, IPC and, following his trial, he stands convicted, under Section 302, IPC, by judgment and order, dated 07.05.2008, passed, in Sessions Case No. 54(M) of 2006, by the learned Additional Sessions Judge, FTC, No. 1, Margherita, 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 a period of two months.

(2.) DURING investigation, police held inquest over the said dead -body, which was also subjected to post -mortem examination, and, on completion of investigation, a charge -sheet was laid against both the accused, namely, Birju Chowtal and Jiban Chowtal, showing them as absconders seeking their prosecution under Sections 448, 436, 323 and 302 read with Section 34, IPC.

(3.) AT the trial, when charges, under Sections 449, 436 and 302, IPC, were framed against the accused, he pleaded not guilty thereto.