TNGEN MURUH Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) This instant appeal, filed by three appellants, has arisen out of the Judgment and Order dtd. 4/8/2023 and the Order of Sentence dtd. 7/8/2023 passed by the Sessions Judge, West Jaintia Hills, Jowai in Sessions Case No.99 of 2015 whereby all the appellants were convicted u/s 302 of the Indian Penal Code (IPC) and sentenced to undergo life imprisonment.

(2.) The fact of the case is that an FIR dtd. 16/11/1991 was lodged by PW-3 alleging that five persons from Lumkhudung village namely, (i) Shri. Tngen Muruh(Appellant No.1), (ii) Shri. Lowit Muruh, (iii) Shri. She Muruh(Appellant No.3), (iv) Shri. Tne Muruh(Appellant No.2) and (v) Shri. Kamai Muruh, murdered one Shri. Sada Muruh on 16/11/1991 at around 4 PM at Lumkhudung village. It was further alleged that Shri. Dal Ryngkhlem and the father of deceased Sada Muruh, who witnessed the assault and murder, were also assaulted by those accused persons. The FIR was lodged before the Officer-in-Charge of Ummulong Beat House and was received and forwarded to Jowai Police Station on 18/11/1991, whereupon, it was registered as Jowai P.S. Case No.166 (9) 1991 u/s 302/34 IPC. The case was, thereafter, taken up for investigation by SI Q.E. Pala.

(3.) Upon completion of the investigation, a charge-sheet being Charge- sheet No.97/1994 dtd. 14/5/1994 u/s 302/34 IPC was filed against all the above named five accused persons before the Additional Deputy Commissioner, Jowai. On 22/5/1995, charge was framed against all the accused persons including the appellants who pleaded not guilty and claimed trial. It appears that PW-1 was examined on 6/8/2001 before the Additional Deputy Commissioner after more than six years of framing of the charge. Thereafter, evidence of PW-2 was recorded on 3/2/2022 by the Sessions Court, after more than twenty years of taking of evidence of PW-1. The reason for such inordinate and shocking delay primarily appears to be due to the non-appearance of the accused persons and transfer of the matter firstly, to the Fast Track Court, and after separation of judiciary from executive in the district of West Jaintia Hills, to the Court of Sessions Judge, Jowai. The prosecution examined 4 (four) witnesses and exhibited 2 (two) documents in support of its case. After the closure of the prosecution witnesses, statements of all the 3 appellants were recorded on 22/6/2023 u/s 313 CrPC. The appellants declined to adduce any defence witness and the matter was then taken up for final hearing.