ITANAGAR BENCH STATE OF ARUNACHAL PRADESH Vs. TAYORJAMPEN

JUDGEMENT

(1.) This reference under Regulation 30 (1) of the Assam Frontier (Administration of Justice) Regulations, 1945, has arisen out of the judgment and order, dated 16.5.2001, passed by the learned Deputy Commissioner, West Siang District, Along, in Sessions Case No. GR. 214/90, which arose out of Mechukha Police Station Case No. 18/90, convicting the accused, Tayor Jempen, under Section 304 (Part 1) and Section 436 of the IPC and sentencing him to undergo rigorous imprisonment for 10 years and also to pay fine of Rs. 5,000/- and in default, to suffer rigorous imprisonment for a further period of one year.

(2.) The case of the prosecution, as unfolded at the trial, may, in brief, be stated as follows :- On 12.09.90, accused Tayor Jampen was staying at the house of his father-in- law, viz., deceased Tanya Kochung of Village Yorko, under Mechukha Police Station, West Siang district. Besides accused Tayor Jampen and the deceased, Smt. Yanne Jempen, wife of accused Tayor Jampen and their child were present, on 12.09.90, at the said house, At night, when Smt. Yanne Jampen woke up, she found about half of their house ablaze with fire and her father jumping out of the window. Smt. Yanne Jampen along with here child also jumped out of the window and saw accused (Tayor Jampen) shooting her father with a gun. After shooting the deceased accused Tayor Jampen chased his wife aiming to shoot her too, but she ran away to the jungle with their child and the accused fled away from the scene of crime. On the following day, i.e. on 13.09.90, Lingdung Kochung, son of the said deceased, on coming to know about the said occurrences, at Mechukha Hospital, where Longdung's son stood admitted for treatment, lodged, on 13.9.90 itself, a written Ejahar (Exh. 1) with Extra Assistant Commissioner, West Siang district, Mechukha. Based on this Ejahar and treating the same as First Information Report, Mechukha P.S. Case No. 18/90 under Sections 302/436/34 IPC was registered. During the course of investigation, police held inquest over the said deadbody and also got autopsy performed on the same. Accused Tayor Jampen was also apprehended and on being produced before Judicial Magistrate, he made a judicial confession and the same was recorded under Section 164 Cr.P.C. On completion of investigation, police laid charge sheet against accused Tayor Jampen under Sections 302/436/34 IPC.

(3.) During trial, when charges framed under Sections 302 and 436 read with Section 34 IPC were explained to the two accused aforementioned, both of them pleaded not guilty thereto.