PAYE MOSING Vs. NABA BORA

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 25.09.2013, passed by the learned Sessions Judge, Lakhimpur, in Sessions Case No.1(NL)/2007, whereby, the learned Sessions Judge acquitted the respondents No. 1 to 3 of the charge under Section 302/109 IPC and Section 25(1)(a) of the Arms Act.

(2.) As per the prosecution case, the victim Tanya Mosing came out from his house at Itanagar with his vehicle on 10.02.2001 at about 5 PM and he did not return home. On the next day, he was found lying dead at Pathalipahar, Banderdewa. Having come to know about killing of the victim Tanya Mosing, the FIR (Ext.13) was lodged by PW-15, Sri Ugen Pulsar, on the basis of which, police registered Bihpuria P.S. Case No. 45/2001 under Section 302 IPC. IN course of investigation, police recorded statement of the witnesses, seized certain incriminating articles as well as the revolver and the vehicle of the deceased, prepared inquest report and the dead body was sent for post-mortem examination. Dr. Hridayananda Baruah (PW-6) conducted the post-mortem examination, who found the following injuries.

(3.) On completion of the investigation charge sheet was laid against the respondents No. 1 to 3, who eventually stood trial.