KHILLI CHIROJU Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) This appeal under section 374(2) Cr.P.C. is directed against the judgment and order of conviction dated- 26.11.2019, passed by the learned District & Sessions Judge, West Kameng, District - Bomdila in Sessions Case No. 112/2015, under Section 304 (A) IPC, read with Section 25 & 27(1) of the Arms Act, 1959. It is to be mentioned here that vide aforesaid judgment and order, the learned Sessions Judge, Bomdila has convicted the accused Khilli Chiroju, under Section 304 (A) IPC read with Section 25 & 27 (1) (2) of the Arms Act and sentenced to suffer imprisonment for 3 years under Section 25 of Arms Act and also to pay a fine of Rs. 3,000/- and 7 years under Section 27(2) of Arms Act and further sentenced to undergo SI for 1 year under Section 304 (A) IPC and also to pay fine of Rs. 1,000/- in default of fine to suffer another 2 months and further directed to set off his previous custodial period from total period of conviction.

(2.) The factual background leading to filing of this appeal is adumbrated herein below:-

(3.) On commitment of the case by the ld. CJM, East Kameng district, Bomdila, the learned Sessions Judge, Bomdila has framed charge against the accused under Section 304 (A) IPC read with Section 27(1), (2) and (3) of the Arms Act and had read and explained the same to the accused to which he pleaded not guilty and claimed to be tried. The learned Sessions Judge then examined as many as 5 witnesses, including the MO and IO, and after closing the prosecution evidence, examined the accused under Section 313 Cr.P.C. and thereafter, hearing arguments of both sides convicted the accused/ appellant as aforesaid.