NARAYAN DEBNATH Vs. STATE OF ASSAM

JUDGEMENT

(1.) By judgment and order, dated 30.11.2002, passed, in Sessions Case No. 129 (N)/2002, by the Additional (Ad hoc) Sessions Judge, Sankardev Nagar, Hojai, the appellant herein, namely, Sri Narayan Debnath, stands convicted, under Sections 302 and 201 IPC, and sentenced to suffer, for his conviction under Section 302 IPC, imprisonment for life and pay a fine of Rs. 3,000/- and, in default of payment of fine, suffer rigorous imprisonment for a period of six months and to undergo, for his conviction under Section 201 IPC, rigorous imprisonment for a term of three years and pay fine of Rs. 500/- and, in default of payment of fine, suffer rigorous imprisonment for a period of 15 days, both the sentences having been directed to run concurrently.

(2.) The case of the prosecution, as unfolded at the trial, may, in brief, be described thus:

(3.) During trial, charges, under Sections 302 and 201 IPC, were framed against the accused. The accused pleaded not guilty to both the said charges. In support of their case, prosecution examined eight witnesses including the doctor. The accused was, then, examined under Section 313 Cr.P.C., and, in his examination aforementioned, the accused denied that he had committed the offences, which were alleged to have been committed by him, the case of the defence being an admixture of total denial and a plea of alibi. The accused also adduced evidence by examining two witnesses including his own self. Having found the accused guilty of the offences charged with, the learned trial Court convicted him accordingly and passed sentences against him as mentioned hereinabove. Aggrieved by his conviction and the sentences, passed against him, the accused has preferred this appeal.