DWIK LYNGDOH Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) IN challenge is the judgment and order dated 28.07.2010 passed by Smti B. Giri, the learned Additional District & Session Judge / Additional Deputy Commissioner, Fast Track Court, East Khasi Hills District in F.T.C. (S) 25/2006 Criminal Appeal No.07/2010 Page 2 of 9 convicting the appellants herein under Section 302/34 IPC and sentencing them to suffer imprisonment for life.

(2.) WE have heard Mr KC Gautam, the learned counsel for the appellants and Mr K Khan, the learned Addl. PP, Govt. of Meghalaya.

(3.) BEFORE adverting to the rival arguments, it would be apt to outline a sketch of the evidence on record PW 1, Shri Roslang Kharthangmaw, son of the deceased stated on oath that on the date of occurrence while he was returning from the field, he met three persons running towards the same direction and on enquiry they told him that there was some commotion from the place where they were coming. The witness stated that it was dark by then and when he reached Criminal Appeal No.07/2010 Page 3 of 9 home he found his father lying on the floor in a pool of blood. The witness then recalled that out of the three persons whom he met one was Santibok (appellant No.2) whom he recognized by his voice. The witness also mentioned that his younger sister told him that some people had come to their house and assaulted their father. In cross examination by the defence this witness could not recollect as to whether these three persons were masked or nor as it was dark. He conceded that he could not recognize the other two persons but could identify Santibok by his voice. He further stated that his father was dead by the time he had reached home.