BIKRAM DAS PANIK Vs. STATE OF ASSAM

JUDGEMENT

(1.) HEARD Mr. R. M. Chowdhury, learned Amicus Curiae for the accused-appellant. No Public Prosecutor for the respondent-State of Assam is present at the time of hearing of this Criminal Jail Appeal.

(2.) THIS Criminal Jail Appeal u/s 374 (2) of Code of Criminal Procedure has been preferred against the judgment and order dated 31. 03. 2003 passed in Sessions Case No. 35 of 2002 holding the accused-appellant guilty u/s. 302 of IPC and sentencing him to undergo imprisonment for life along with a fine of Rs. 1000/-, in default of payment of fine to undergo further rigorous imprisonment for 1 (one) month.

(3.) THE prosecution case, in short, is that on 25. 10. 2000 at about 12. 00 of mid night, one Bikram Das Panik (accused-appellant) assaulted Jayanti Panika (since deceased), the brother's wife of the informant, severely on he person while she was sleeping in her house. The F. I. R. was lodged on 26. 10. 2000 at 9. 30 a. m. and a G. R. Case No. 1077 of 2000 was registered with Patharkandi P. S. in Karimganj District and after investigation a charge-sheet was submitted u/s. 302 of I. P. C. against the accused-appellant in the Criminal Court at Karimganj. After receipt of the charge-sheet, learned Chief Judicial Magistrate, Karimganj took cognizance of the offence u/s 302 of I. P. C. However, since the case was triable by the Court of Session, the same was committed to the Court of Session at Karimganj.