LIKHU CHETR Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) Heard Mr. PK Tiwari, learned senior counsel assisted by Mr. RL Thungon, for the appellant and Mr. G Talo, learned Additional Public Prosecutor for the State of Arunachal Pradesh.

(2.) This is an appeal against the impugned judgment and order dtd. 17/12/2018 passed by the learned Additional Sessions Judge, West Sessions Division, Basar in Basar Sessions Case No. 788/2012 u/s 302/34 IPC, whereby the accused/appellant Likhu Chetry was convicted and sentenced to undergo rigorous imprisonment for life along with a fine of Rs.5000.00 and in default of payment of fine, further two months rigorous imprisonment for committing the offence u/s 302/34 IPC.

(3.) An FIR being Likabali PS Case No. 21/2011 u/s 302/34 IPC was lodged by the informant Md. Kasem Ali dtd. 28/7/2011 before the Officer-in-Charge of Likabali police station, inter-alia stating that on 27/7/2011 at about 1850 hours, three people hired a vehicle bearing registration No. AR-01D- 5864 from Naharlagun to Likabali. The persons introduced themselves as labourers and paid Rs.2000.00 as an advance with a promise to pay the balance amount Rs.1500.00 on arrival at Likabali. The driver of the vehicle Asor Ali also took the informant along with him to help him during the return journey from Likabali at night as the informant is also a driver and a good friend of Asor Ali. On reaching Likabali near the Gai Nodi river bank, the persons concerned took the driver Asor Ali with them on the pretext of making the payment. The informant after waiting for about half an hour and upon finding that the driver of the vehicle Asor Ali did not return, got down from the vehicle and found that the driver Asor Ali was already killed with a Nepali Khukri. The informant stated that the persons concerned had also attacked him, but he managed to flee away towards the jungle by taking advantage of the darkness and spend the night inside the jungle.