PAUL KHUMA DARLONG Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) This is an appeal under Section 374 of the Code of Criminal Procedure, 1973 (for short "the CrPC) from the judgment and order dated 25.4.2000 of the Additional Deputy Commissioner, East Khasi Hills, Shillong in CR case No. 346(A)94 convicting the appellant for the offence of murder under Section 302, IPC and sentencing him for ten years simple imprisonment and for a fine of Rs. 2,500/- only.

(2.) On 5.12.94, Mr. AS Pyrbot, residing at Lumbasuk Lawjynriew, Nongthymmai, Shillong, lodged a written report with the Officer-in-charge of Nogthymmai Police Beat House, Shillong alleging that the appellant and his daughter have been residing as husband and wife in his house for the past few months and the appellant committed the crime of killing his daughter by cutting her throat in the early hours of the morning of 5.12.94 in the bed room and that the appellant after committing the crime left the room and escapped from the house. An inquest was carried out over the dead body of the deceased and a post mortem was done. Some articles were seized. A case was registered under Section 302, IPC and SIJ Swer was entrusted the investigation of the case by the Officer-in-charge of Ryngah PS Shillong, on 5.12.94. A message was sent to Tripura Police for arrest of the appellant and the appellant was arested from Gurkha Bosti under West Agartala PS and was forwarded to the court of the learned Chief Judicial Magistrate, Agartala. The appellant was thereafter produced before the Court of the learned Additional Deputy Commissioner, Shillong on 21.12.94 and was kept in police custody for some days. On 2.1.95, he was produced before the court of Smt. D. Dyiem, Magistrate for recording his confessional statement, but the learned Magistrate refused to record the confessional statement on 2.1.95 as the appellant had been brought before the Magistrate direct from police custody. The learned Magistrate instead directed that the appellant be produced from judicial custody and the appellant was remanded to judicial custody. On 3.1.95, the appellant was brought before the Magistrate from judicial custody for recording his confessional statement and his statement was recorded. Thereafter, investigation was completed and charge sheet filed by the police. On 20.7.97 the charge of munder under Section 302, IPC was framed against the appellant by the Additional Deputy Commissioner, Shillong and at the trial six witnesses were examined on behalf of the prosecution.

(3.) The informant Mr. AS pyrbot was examined as PW-1. He stated that the appellant and his daughter (deceased) were living together in his residence as husband and wife. On 4.12.94, in the evening the appellant was in house and slept with the deceased in the same room. The deceased used to get up early in the morning, but on 5.12.94, she failed to get up. So he went to the room where she was sleeping and found that the door was bolted by a hook from inside. He knocked the door and when he got no reply he unlocked the door and he and his wife entered the room and found the dead body of the victim. His wife opened the blanket and quilt and found blood all over the bed linen and on the floor and they discovered that the throat of the deceased was cut. They also found a cloth stuffed inside her mouth. They pulled out the cloth from her mouth and discovered one big Khasi Knife covered with blood lying underneath the mattress. The door of the kitchen was unlocked for going outside. His wife fainted when she discovered that their daughter was murdered, but regained concisousness after he poured some water on her. He then went to the house of his brother- in-law to inform about the incident. He also went to report the matter to his elder daughter Risa Marbell Kharkongor. His other brother- in-law who was the headman came: to his house and saw the dead body and then they all informed the police.