ASENG SANGMA Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) The above appeals arise out of the judgment and order dated 09-08-2017 passed by the Sessions Judge, East Garo Hills District, Williamnagar in Sessions Case. No. 32/2008. By the said impugned judgment, learned Sessions Judge found Shri. Waidel Momin and Shri. Aseng N.Sangma, accused No. 1 and accused No. 2 guilty for an offence punishable under Section 302/34 IPC and accordingly sentenced them to seven years imprisonment and fine of Rs. 500/- (Rupees five hundred) only and in default a further term of simple imprisonment for fifteen days. The accused No. 2, Shri. Aseng N.Sangma and the accused No. 1, Shri. Waidel Momin, being aggrieved by the said judgment and order filed criminal appeals being Crl.A.No. 3/2017 and Crl.A. No. 4/2017 respectively, challenging their conviction and sentence. The State also being aggrieved by the judgment and order, filed appeals being Crl.A. No. 5/2018 and Crl.A. No. 6/2018 for enhancement of the sentence.

(2.) We accordingly heard Mr. K.C.Gautam, learned counsel for the appellants (original accused in Crl.A. No. 3/2017 and Crl.A. No. 4/2017) and Mr. A.Kumar, learned AG for the State in Crl.A. No. 5/2018 and Crl.A. No. 6/2018. We propose to dispose of the above said appeals by passing this common judgment.

(3.) The prosecution story in brief is that an FIR was lodged on 01-01- 2006 at Rongjeng Police Station by one Smti. Bially N. Marak to the effect that her husband, Shri. Lakson Sangma, on 31-12-2005 at around 3:30 P.M had gone to Rongjeng Bazaar to purchase meat for New Year's Eve but he never returned home. She further stated in the FIR that her husband was attacked by a group of 11 people from Boldilgittim village and while attempting to flee from the assailants, he succumbed to his injury at Rongmil. The FIR was registered as Rongjeng P.S. Case No. 1(1) 2006 u/s 302/34 IPC.