DEPUTY COMMISSIONER CUMESSIONS JUDGE Vs. NYONGWA NGEMU

JUDGEMENT

(1.) This criminal reference has been made under Section 30(1) of the Assam Frontier (Administration of Justice) Regulation, 1945 (for short, 'the Regulation, 1945') for confirmation of sentence of 10 years rigorous imprisonment upon the convict- respondent, Nyongwa Ngemu, by the learned Deputy Commissioner-cum- Sessions Judge, Changlang District vide judgment /order dated 10.2.2000 in Sessions Case No. 3 of 86.

(2.) To be precise, the prosecution case can be summarised as below: On 6.4.98, accused Nyongwa Ngemu stabbed his brother Khulem Ngemu by a knife and the victim was admitted to Changlang hospital where he succumbed to the injuries on 8.4.98. Before the incident of stabbing, there was a quarrel between the accused and his sister Smt. Chamin Dorjee at Changlang Bazar line. Smt. Chamin Dorjee called her younger brother Khulem Ngemu to mediate the matter. While the deceased tried to persuade the accused not to quarrel with his sister, the accused stabbed him in the abdomen. The Police on receipt of the complaint registered a case bearing number Changlong PS case 5/88 under Section 307 IPC which was later converted to Section 302 IPC on the expiry of the injured Khulem. On completion of investigation, the Police filed Charge- sheet. The case was tried by the learned Deputy Commissioner-cum-Sessions Judge, Changlang and during trial the accused was provided with defence counsel at the State expenses.

(3.) On perusal of the materials available, the learned trial Court framed the charge which is quoted below:-