PREM ORANG Vs. STATE OF ASSAM

JUDGEMENT

(1.) THIS jail appeal is directed against the order of conviction under Section 302 IPC and sentence of rigorous imprisonment for life and a fine of Rs. 1000, in default, rigorous imprisonment for three months, imposed on the accused/appellant by the learned Ad-hoc Additional Sessions Judge, (FTC), Sonitpur, Tezpur, in Sessions Case No. 101 (S)/2002.

(2.) WE have heard Smti. A. Devi, learned Amicus Curiae appearing on behalf of the accused/appellant and Mr. Z. Kamar, learned PP, Assam, representing the State.

(3.) THE offence under Section 302 IPC being exclusively triable by Court of Sessions the case was committed to the Court of Sessions for trial learned Sessions Court, on receiving the case for trial, on the basis of the materials relied upon by the prosecution, finding sufficient grounds to proceed against accused/appellant framed formal charge under Section 302 IPC. On reading over and explaining the charge the accused pleaded not guilty to the charge and claimed to be tried.