TULEN MANKI Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) Heard Mr. T. T. Tara, learned Amicus Curiae appearing for the applicant, namely, Shri Tulen Manki as well as Mr. U. Bori, learned Addl. PP representing the State.

(2.) This is a jail appeal filed by the appellant against the judgment and order dtd. 5/11/2019 passed by the learned Sessions Judge Khonsa in KSA Sessions Case No.50/2019 by which the appellant was convicted of the offence committed under Sec. 304/201 IPC. The appellant was sentenced to undergo Life Imprisonment and also to pay a fine of Rs.10,000.00 for offence under Sec. 304 IPC and he was also sentenced to undergo rigorous imprisonment of 7 years for offence under Sec. 201 IPC with fine of Rs.5000.00 with default clauses operating for non-payment of fine. This jail appeal was forwarded by the Deputy Superintendent, District Jail, Tezu. Accordingly, this is an appeal from conviction under Sec. 374 (2) of the Cr.P.C. This Court vide order dtd. 17/2/2020, had appointed Mr. T. T. Tara, learned counsel as the Amicus Curiae.

(3.) The prosecution had started rolling on the basis of an FIR dtd. 18/12/2017, lodged by one Litwang Lowang before the Officer-in Charge, Deomali Police Station, alleging that on the previous night one of his labourer, namely, Shri Noresh Gowala, aged about 55 years, was killed by the appellant and his mother, namely, Smti. Reena Manki and that both the accused had burnt the dead body by burning the cowshed and thereafter buried the dead body to escape from their crime in order to mislead the law. In course of time, on completion of investigation, Charge-Sheet No. 05/2018, dtd. 9/3/2018, was submitted against the appellant. It may be mentioned here that on the ground that no clinching evidence could be collected against the co-accused, Reena Manki was released on her own bond by the learned Trial Court. In course of trial, charges were framed against the appellant by order dtd. 7/5/2019 under Sec. 454 IPC, 304 Part-I IPC and 201 IPC.