SAW DOHLING Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) By way of this appeal under Rule 4 of the High Court of Meghalaya (Jurisdiction over District Council Courts) Order, 2014 read with Section 374 of the Code of Criminal Procedure, 1973 ['CrPC'], the accusedappellant has assailed the judgment of conviction dated 08.09.2015 and the order of sentence dated 13.09.2016 as passed in GR Case No.14 of 2000 by the District Council Court, Khasi Hills, Shillong whereby, he has been convicted for the offence of murder under Section 302 IPC and has been sentenced to 7 years' simple imprisonment.

(2.) Having regard to the circumstances noticed hereafter, we find it rather imperative to dispose of this appeal finally at this stage itself and to restore the matter for re-trial, from the stage of conclusion of the prosecution evidence, by a competent Court who would not disregard the fundamentals and basics of law, as had been the approach of the Presiding Officers of District Council Court, Shillong in the present case.

(3.) As the matter is proposed to be remanded for re-trial from the stage of conclusion of prosecution evidence, only a brief reference to the background aspects would suffice.