STATE OF MEGHALAYA Vs. DANIEL SHABONG

JUDGEMENT

(1.) This is an appeal, preferred by the State of Meghalaya, against the judgment and order, dated 31.03.2009, passed, in Case No. FTC (S) 06/2006, by the learned Additional Sessions Judge, FTC, East Khasi Hills District, Shillong, acquitting the two accused-respondents, Daniel Shabong and Kedian Shabong, of the charges framed against them under Sections 449 and 302 IPC. The case of the prosecution, as unfolded at the trial, may, in brief, be described as under:

(2.) During trial, when charges, under Sections 449 and 302 IPC, were framed, both the accused-respondents pleaded not guilty thereto.

(3.) In support of their case, prosecution examined altogether ten witnesses. The accused-respondents were, then, examined under Section 313 Cr.PC and, in their examinations aforementioned, while they denied that they had committed the offences, which were alleged to have been committed by them, their further case was that Phiren (i.e., the deceased) was attacked by mob and was killed near his house and, hence, it was a case of mob violence and the present respondents were not responsible for the death of Phiren. In support of their case, defence, too, examined as many as six witnesses.