KHAGEN DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) NONE appears for the accused/appellant when the matter was called upon.

(2.) HEARD Mr. B.B. Gogoi learned Addl. P.P., Assam. The appellant has preferred this appeal against the judgment and order dated 31.12.2002 passed by the learned Ad hoc Addl. Sessions Judge No. 2, Kamrup, Gauhati in Sessions Case No. 31(K)/2002 (G.R. Case No. 573/1999), whereby the accused/appellant was convicted under Section 417, IPC and sentenced to undergo rigorous imprisonment for 1 (one) year and to pay fine of Rs. 5,000 in default to undergo rigorous imprisonment for another 3 (three) months.

(3.) THE learned SDJM after receiving the said complaint forwarded the same to Kamalpur Police Station for registration of a case and for conducting investigation. Accordingly, the case was registered and the investigation was started. After the completion of investigation, charge sheet was submitted by the police under Sections 493/313/420, IPC. On committal, the learned session court framed charges under Sections 313/493/420, IPC against the accused/appellant, which was read over and explained to him. He pleaded not guilty and claimed to be tried. The prosecution examined as many as 5 (five) witnesses including the Investigating Officer, while the defence examined none. After conclusion of the trial and upon hearing the learned Counsel for the parties, the learned trial court convicted and sentenced the accused/appellant, as indicated above.