GOPAL DEY Vs. STATE OF ASSAM

JUDGEMENT

(1.) HEARD Mr. A. Choudhury, Learned Counsel appearing for the appellant. Also heard Mr. K.A. Mazumdar, learned Addl. Public Prosecutor, Assam.

(2.) THIS appeal is directed against the judgment and order dated 17.8.2002 passed in Sessions Case No. 17/2001 passed by the learned Sessions Judge, Morigaon convicting the appellant under Section 302/201, IPC and sentencing him to undergo rigorous imprisonment for life and to pay a fine of Rs. 10,000 (Rupees ten thousand), in default, further R.I. for two (2) months under Section 302, IPC and also to suffer further Rigorous Imprisonment for ten (10) years under Section 201, IPC, both the sentences shall run consecutively.

(3.) ON receipt of the FIR, police registered a case being Morigaon Police Station Case No. 140/99, under Section 366/302, IPC. Police started investigation and on completion of investigation, submitted charge sheet against Sri Gopal Dey, the appellant and one other person, viz., Manas Kumar Nath, under Section 302/34, IPC. Eventually, the case was committed to the court of Sessions, Morigaon, as the case was exclusively trial by the Court of Sessions. The learned Sessions Judge on perusal of the relevant materials on record and after hearing the Learned Counsel for the parties, framed charge against accused Gopal Dey and Manas Kumar Nath, under Section 302/201/34, IPC. The entire charges were read over to the accused persons to which they pleaded not guilty and claimed to be tried.