DEMANSING KYNTER Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) The appellant's conviction under Sec. 302 of the Indian Penal Code, 1860 is based on his confessional statement and the supporting evidence pertaining to the surrounding circumstances. By the judgment of conviction of July 28, 2017 and the resultant sentence which was passed on July 31, 2017, the appellant has been found guilty of murdering an 18year-old girl and sentenced to imprisonment for life. The further charge under Sec. 376 of the Penal Code was not established at the trial.

(2.) The principal ground urged on behalf of the appellant is that there was grave and sudden provocation by the deceased which made the appellant extremely angry and lose self-control and beat the women without intending to cause her death or even being aware that the nature of beating that he inflicted on the woman could have caused or was likely to cause her death. The appellant submits that though he fled from the place of occurrence after being shocked at what had happened, he later voluntarily surrendered at the Mawsynram Police Station. The appellant points out that no murder weapon was discovered and the investigating officer, who deposed as a prosecution witness, clearly asserted that the charge-sheet had been filed against the appellant based primarily on the confession that he had made before a First Class Magistrate under Sec. 164 of the Code of Criminal Procedure, 1973.

(3.) Another ground which is canvassed is that, as in many other cases in the State, the confessional statement of the appellant was recorded after administering oath to him. The appellant submits that since no oath could have been administered in view of Sec. 164 of the Code, the confessional statement was robbed of its evidentiary value as a result of the colossal mistake committed by the relevant Magistrate.