DONBOK BUAM Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) On 31/1/2018 one Smti. Baiamonlang Tariang of Ladjuplem Village in the West Jaintia Hills District had lodged an FIR before the Officer-in-Charge, Amlarem P.S. with a complaint that the petitioners herein, that is, Donbok Buam, Maya Buam and Chem Buam have assaulted her on 29/1/2018 at about 10:30 am at Ladjuplem village. It is further stated that on 31/1/2018 the said petitioners have demolished the footpath to the house of the said complainant by the use of an Earthmover (JCB).

(2.) Accordingly, on receipt of the said FIR, a police case was registered as Amlarem P.S. Case No. 3(1) of 2018 under Sec. 427/323/506/34 IPC. On investigation being completed, the Investigating Officer of the case had filed the final report/chargesheet before the court under Sec. 173 Cr.P.C opining that upon investigation, a prima facie case under Sec. 427/506/34 IPC is found well established against the accused persons/petitioners.

(3.) Thereafter, the learned Judicial Magistrate First Class had taken cognizance of the offence and registered the case as GR Case No. 6/2018. The learned Magistrate proceeded with the trial and after recording of evidence of relevant witnesses and on consideration of the materials on record, had, vide order dtd. 16/11/2020 disposed of the case by coming to a finding that the accused/petitioners herein are guilty of the offence under Sec. 427/506/34 IPC and was sentenced to payment of fine of ? 2000/- (Rupees Two Thousand) only, in default of such payment to be liable for imprisonment of seven days.