BIRI TALIN Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) Heard Mr. D Mozumdar, learned senior counsel assisted by Mr. S Biswas, learned counsel for the appellant. Also heard Mr. NNB Choudhury, learned Public Prosecutor for the State of Arunachal Pradesh assisted by Mr. G Alam, learned counsel for the informant/respondent No.2.

(2.) An ejahar was lodged by Dipin Maga, son of Bapu Maga on 18/9/2006 before the Officer-in-Charge of Naharlagun Police Station inter alia stating that on the previous night at around 11.30 P.M., when he along with his friends Subash Jeram (since deceased), Nitu Murterm, Vijoy Dasi and Chaba were returning back from Naharlagun, two girls and the accused Talin Biri were in a vehicle on the bridge over the Dikrong river. As they reached the place of occurrence, the accused Talin Biri was furious and had challenged the informant and his other friends resulting in a hot argument with the deceased Subash Jeram and in furtherance thereof, the accused Talin Biri had assaulted the deceased Subash Jeram with a dao which resulted in dao injuries causing his death. It is stated in the ejahar that the reason for the killing was not known. The learned Sessions Judge West Sessions Division Yupia (A.P) had framed the following charges against the accused who is referred to as Biri Talin:

(3.) In course of the trial, the prosecution examined 9(nine) witnesses, whereas the accused Biri Talin deposed himself as DW-1. Three statements under Sec. 164 Cr.P.C. made by Vijoy Dasi, the informant Dipin Maga and Tabu Jeke were exhibited as Exhibits 1, 3 and 4 respectively. Apart from the aforesaid statements under Sec. 164 Cr.P.C., the statement under Sec. 164 Cr.P.C. of Nido Pumin, Debia Rupa, Nitu Murtem and the accused Biri Talin were also exhibited as Exhibits 13, 14, 15 and 16 respectively.