TENDERLYWELL HYNNIEWTA Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 17th December, 2013 passed by learned Sessions Judge, Shillong in Sessions Case No. 9/2003 whereby the appellant was convicted for the offence under Section 302/201 of the Indian Penal Code ( hereinafter referred to as IPC ). The appellant was Sentenced to undergo imprisonment for life and to pay a fine of rupees 10,000/- and in default of payment of fine to undergo further imprisonment for one year for the offence under Section 302 IPC and to undergo imprisonment for three years and to pay a fine of rupees 2,000/-, in default of payment of fine to undergo further imprisonment for six months for the offence under section 201 IPC. Both these sentences were ordered to run concurrently.

(2.) The case of prosecution as unfolded during trial was that on 6th September, 2002, an information was received at Sadar Police Station, Shillong that one lady sustained injuries on the part of her neck and lying at the Lawmalli graveyard. On receiving said information S.I (L) M.Kharbihkhiew I/C of Pasture Beat house, Shillong along with A.S.I. R. Sutradhar and other staff immediately left to the spot at lawmalli graveyard and found that a woman was lying in a pool of blood and already died. Inspector B. Purkayastha O/C Sadar Police Station also reached at the spot. The inquest proceedings were conducted and the dead body was taken to Shillong Civil Hospital for post-mortem.

(3.) On 7th September, 2002 Smt. Mumsina Nongkynrih lodged an FIR with the Officer- In-charge, Sadar Police Station, Shillong alleging that her daughter Corphillia Nongk--ynrih, aged about 20 years, had gone missing from her house since 6th September,2002 at about 6.45pm and her whereabouts were not known till the morning of 7th September,2002. In continuation of the first FIR, another FIR was lodged wherein it was informed by the complainant that she came to know that on 6th September, 2002 at about 6.30pm, her daughter was seen with one Shri Odet Hynniewta her boyfriend. The Officer-In-Charge, Sadar Police Station registered a case vide Shillong P.S Case No. 161(9)/2002 under Section 302 IPC and entrusted to one (Late) M. Kharbihkhiew (the then S.I) for investigation.