STATE OF MEGHALAYA Vs. ROCKYSTAR B. SANGMA

JUDGEMENT

(1.) HEARD .

(2.) THIS appeal, preferred under Section 378 of Code of Criminal Procedure 1973 is directed against the judgment and order dated 21.09.2011 passed by the learned District & Sessions Judge, Shillong in Sessions Case No. 7/2010, whereby said Court has acquitted the accused/respondents Rockystar B Sangma and Beluram Sangma from the charge of offence punishable under Section 302 IPC.

(3.) PROSECUTION story in brief is that on 20.01.2009 at about 9:30 PM a group fight said to have taken place at 4th Furlong, Shillong. On receiving the telephonic information, PW 6 Sub -Inspector C.M. Ranee along with PW 5 Sub - Inspector K.P. Singh went to the spot where they found a Tata Sumo vehicle bearing Registration No. ML -05 -D -9434 parked on the roadside, and a person was lying unconscious by the side of the road. Another person who was standing there disclosed his name as Kishan Dorjee (not examined) who stated that the person lying by the side of the road is his brother Santosh Dorjee (deceased). It appears that Santosh Dorjee was taken in a vehicle to Civil Hospital, Shillong from where he was taken to Woodland Hospital for further treatment. Meanwhile, First Information Report was lodged on 21.01.2009 at Sadar Police Station, Shillong where Case No. 10(1) 2009 relating to offence punishable under Section 326/34 IPC were registered. During the investigation of said crime, injured Santosh Dorjee died in Woodland Hospital on 21.01.2009. As such offence punishable under Sections 302/34 IPC was added to Sections 326/34 IPC. On completion of investigation, the Investigating Officer (PW 6 Sub -Inspector CM Ranee) filed charge -sheet against the accused/respondents Rockystar B Sangma and Beluram Sangma as they were identified correctly by Kishan Dorjee in the Test Identification Parade (for short TIP) during the investigation.