LAWS(GAU)-2009-7-17

HEMO CHANDRA NATH Vs. STATE OF ASSAM

Decided On July 28, 2009
Hemo Chandra Nath Appellant
V/S
STATE OF ASSAM Respondents

JUDGEMENT

(1.) HEARD Ms. P. Bhattacharjee, learned counsel for the appellant and also heard Mr. D. Das, learned Additional P. P. , Assam.

(2.) THIS appeal has been preferred against the judgment dated 11. 02. 2003 passed by the learned Sessions Judge, Darrang in Sessions Case No. 121 (DM)/2001 convicting the accused-appellant under Section 307 IPC read with Section 326 IPC and sentencing him to suffer rigorous imprisonment for 4 (four) years and to pay fine of Rs. 5,000 /- (rupees five thousand) in default further rigorous imprisonment for 1 (one) month.

(3.) THE learned Judicial Magistrate, Mangaldoi committed the case to the Court of Sessions, as the said case is exclusively triable by the Court of Sessions. On appearance of the accused-appellant, the learned Sessions Court framed charge under Section 307 IPC against the accused-appellant, to which, on being read over and explained, the accused-appellant pleaded not guilty and claimed to be tried.