LAWS(GAU)-2008-8-34

HARICHARAN BASUMATARY Vs. STATE OF ASSAM

Decided On August 27, 2008
HARICHARAN BASUMATARY Appellant
V/S
STATE OF ASSAM Respondents

JUDGEMENT

(1.) THE lone accused has been convicted by the trial Court under Section 302 of the Indian Penal Code (IPC for short) and sentenced to undergo imprisonment for life, alongwith fine of Rs. 1000/- (Rupees one thousand), in default, further R. I. for 3 (three) months. The instant appeal has been preferred from jail by the accused challenging the legality and validity of the judgment of conviction and sentence dated 13. 6. 2002 passed by the learned Sessions Judge, Goalpara in Sessions Case No. 18/2000.

(2.) BACKGROUND facts in a nutshell are as follows :-

(3.) THE police after registering the case started investigation, visited the place of occurrence, examined the witnesses, held inquest on the dead body and thereafter sent the dead-body for postmortem examination and after collecting the postmortem report, submitted charge-sheet against the accused under Section 302 IPC. The case was committed to the Court of Sessions Goalpara, by the learned Chief Judicial Magistrate, Goalpara, the same being exclusively triable by the Sessions Judge.