STATE OF ARUNACHAL PRADESH Vs. KHAGEN BRAHMO

JUDGEMENT

(1.) This criminal reference, under Section (30)(i) of Assam Frontier(Administration of Justice Regulation) Act, 1945, made by learned Addl. District & Sessions Judge(First Track Court), Yupia, seeking confirmation of the conviction and sentence of accused, Khagen Brahmo under Section 302 of IPC in connection with Sessions Case No.570/2010(FTC), and the Criminal Appeal No.01(J) of 2012, filed by the convict-appellant Khagen Brahmo under Section 374 of Cr.P.C., challenging the judgment and order of conviction and sentence, dated 29.12.2011, passed by learned Addl. District & Sessions Judge(FTC), Yupia, in the case aforementioned, are heard together, and this single judgment shall govern both the cases.

(2.) Heard learned amicus curiae, Mr. D. Lazi for the convict-appellant, Khagen Brohmo and learned Addl. P.P., Mr. I. Basar for the State respondent.

(3.) Prosecution's case, in short, is that Anita Yukar, aged about 26 years, wife of informant, Yukar Macho(PW.1) was found lying dead in a drain, located at C-Sector, near Gandhi market. PW.1, husband of the deceased lodged an FIR with the Officer In-charge of Itanagar P.S. on 24.06.2008, at about 0930 hrs., alleging that, on the intervening night on 23.06.2008 and24.06.2008, in between 2330 hrs. to 0100 hrs., at any time, his wife Anita was found missing from the house and, on search throughout the night, she could not be traced out. On the following morning, at about 0530 hrs., her dead body was found lying in a drain, located at C-Sector, Gandhi market. He further alleged that he strongly suspected that Khagen, the accused, might have committed murder of his wife since the accused threatened his wife on 23.06.2008 at about 2100 hrs. before some neighbourers and the accused was found absconding since after the incident.