MAJEE TAHA Vs. STATE,

JUDGEMENT

(1.) THE appellant, constable Majee Taha, has been convicted under Section 304 Part I, Indian Penal Code, and sentenced to rigorous imprisonment for ten years, by the Deputy Commissioner, Siang District, Along, NEFA. The appellant along with co -accused Lance Naik Pura Tajo, were charged under Section 302/34 of the Penal Code. The appellant was further charged under Section 307 of which he was acquitted. Accused Pura Tajo was also acquitted of his charge. The appellant was also acquitted of the charge under Section 302/ 34 but convicted and sentenced under Section 304 Part I against which the appellant has filed the appeal, and the Deputy Commissioner has made the reference under the provisions of the Assam Frontier (Administration of Justice) Regulation, 1945, for confirmation of the sentence.

(2.) THE prosecution case, in brief, is as follows: -

(3.) THE prosecution examined ten witnesses in the case. The two accused pleaded not guilty to the charges. The defence of the appellant is total denial. In his statement under Section 342 of the Criminal Procedure Code, he states that he was on duty in the quarter guard from 8 A. M. to 10 A. M. on 4.4.1969. After finishing his duty he took out his head -gear, shirt and belt and was going to the kitchen to have his morning meal. When he reached the main gate of the kitchen, he saw a crowd of Simong villagers entering into the camp. They were armed with das and sticks. He immediately returned to the barrack in order to collect his shirt and head -gear. He took a dao with him. When he was passing through the Simong villagers who were in front of the quarter guard, he was struck on his head with a dao by some of them. He admits that at that time he was wearing a red vest. He then collected his rifle and put five rounds of magazine into it and altogether fired five rounds, two of which he fired to the ground and two to the air: the fifth round went off automatically. When he was about to enter the quarter guard to collect his rifle, two Simong villagers forcibly entered into the guard room and tried to snatch away the rifles therefrom. They were, however, overpowered by the SSB personnel and confined inside the quarter guard.