SETRAK Vs. STATE

JUDGEMENT

(1.) The instant two appeals are directed against the judgment and order of conviction and sentence dated 22nd October, 1983 passed by the learned Sessions Judge at Port Blair in Sessions Case No. 3 of 1982 before him.

(2.) The accused Setrak and Appolous had been tried by the learned Sessions Judge for having allegedly committed murder by causing the death of Hossain Koya in furtherance of their common intention and also trying to cause disappearance of evidence of murder in furtherance of their common intention, thereby committing offences punishable under section 302/ 34 and 201/34 of the Indian Penal Code.

(3.) An UD FIR No. 1/81 dated 17.2.81 was lodged by one Alfred, IIIrd Captain of Malacca bustee, reporting therein that one Smti Solamy of Malacca had informed him that when she had gone to the jungle for collection of pan leaves at about 9 A.M. on that day (17.2.81) she had seen a dead body lying near the cave in the jungle She went near the dead body and found it to be that of Hassan Koya, a businessman ; who was lying dead with a handkerchief tied around his neck. Upon receipt of the post mortem report on 18.2.81 at about 14.30 his. it transpired that it was a case of strangulation death with violent throttling which was homicidal in nature. The Crime case No. 22/81 under section 302 IPC had thereupon been started by the Police. During the investigation, the Police had arrested the accused Appolous, Setrak and Moses having complicity with the alleged crime. It was revealed during the investigation that the aforesaid three accused in furtherance of their common intention had committed murder in between the night of 15th and 16th February, 1981 at Malacca jungle within P.S. Car Nicobar by causing the death of Hassan Koya for getting and distributing the money which he had with him. The accused Moses had subsequently offered himself to be an approver in the case ; and he was tendered pardon by the local learned Chief Judicial Magistrate on 27.12.81. After completion of the investigation, the Police had submitted charge-sheet in the case under section 302/34, IPC, against the accused Appolous and Setrak. The learned Chief Judicial Magistrate had committed the case to the Court of Sessions as the offence alleged was exclusively triable by a court of sessions.