ANEN B. MARAK Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) At the request and with the consent of the learned counsel for the parties, this appeal is taken up for final disposal at this stage itself.

(2.) This appeal under Rule 6 of the High Court of Meghalaya (Jurisdiction over the District Council Court) Rules, 2014 read with Section 374 (2) of the Code of Criminal Procedure [ CrPC ] is directed against the judgment and orders dated 17.08.2017 and 17.11.2017 as passed by the learned Judge, District Council Court, Garo Hills Autonomous District Council, Tura in Sessions Case No.25 of 2015 whereby, the appellant has been convicted of the offence under Sections 302/34 Indian Penal Code [ IPC ] on the basis of him having allegedly pleaded guilty; and has been sentenced to life imprisonment.

(3.) After having heard the learned counsel for parties and having perused the material placed on record, we are unable to find any justification in the orders impugned and the only appropriate course appears to be of setting aside the same and restoring the matter relating to the appellant for re-trial along with the trial of the co-accused. Shorn of unnecessary details, the relevant factual background aspects of the matter are that on 21.10.2013, Laskar of Damal Asim Village Court lodged an FIR before the Officer-in-Charge, Daddenggre Police Station stating, inter alia, that on 19.10.2013 at about 7:30 PM, one Sairam A. Sangma molested a girl who was taking bath in a nearby stream; the girl managed to escape and ran through the residence of the appellant/accused; and then, the appellant along with the co-accused persons hurriedly took a dao (local knife) and tried to chase the said Sairam A. Sangma, who was hiding in a bush and who suddenly attacked the appellant whereupon, the appellant gave blows with dao that resulted in the death of Sairam A. Sangma. On this report, Daddenggre Police Case No.16 (10) of 2013 was registered that was subsequently registered as GR Case No.35 of 2013. After investigation, charge sheet was filed against the appellant as also the co-accused persons for the offence under Sections 302/34 IPC. The parties being of Garo Scheduled Tribe, the matter was taken up for trial by the Judge, District Council Court, Garo Hills Autonomous District Council, Tura. At the time of framing of charge, the appellant purportedly pleaded guilty; though the two co-accused persons pleaded not guilty.