DEBITA DEOHO CONSTABLE Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) This appeal under Regulation 26 of (the Assam Frontier (Administration Justices) Regulation, 1945 is directed against the judgment and order dated 29.1.93 passed by the learned Deputy Commissiomer, Lohit District, Tezu, in Sessions Case "No. 4 of 1987. By the aforementioned judgment and order dated 29.1.93 the accused appellant has been convicted under Section 304 of the IPC and sentenced to undergo rigorous imprisonment for five years.

(2.) The case of the prosecution in short is that on 1.11.86 a written complaint was received from Nk Debander Sah (PW-13) to the effect that the accused, on 1.11.86 at about 22.17 hours, had fired one round from his service rifle while he was on guard duty at AIR Station, Tezu and inflicted injuries on one Constable Sarbajit Singh. On receipt of the aforesaid complaint, police registered a case under Section 307 IPC and investigated the same and arrested the accused. The injured Sarbajit Singh was hospitalised at District Hospital, Tezu, where he succumbed to his injuries in the morning of 2.11.86. The case registered against the accused-appellant was thereafter altered to one under Section 302 IPC. The police in the course of investigation held inquest on the dead body of Constable Sarbajit Singh and sent the dead body for post-mortem examination. A large number of persons were examined by the Investigating Officer and statements were recorded under Section 161 Cr.P.C. At the conclusion of the investigation, charge sheet was submitted against the accused appellant for an offence under Section 302 IPC. The case was thereafter, committed by the learned Judicial Magistrate, First Class, Tezu to Court of the Deputy Commissioner for trial.

(3.) In the course of the trial as many as 14 witnesses were examined on behalf of the prosecution. The defence did not adduce any evidence. However, the accused in the course of his examination under Section 313 Cr.P.C. had taken the plea that while on guard duty in the AIR building on the date of occurrence, the deceased who was on bicycle tried to enter into the AIR building. On being asked to stop and identify himself as there was no response, the accused had fired a shot which had led to the death in question. The learned trial Court, at the conclusion of the trial, convicted the accused-appellant under Section 304 IPC and sentenced him to undergo rigorous imprisonment for a term of five years. Aggrieved, the instant appeal has been filed.