MAJEE TAHA (ACCUSED) Vs. THE STATE

JUDGEMENT

(1.) THE appellant, constable Majee Taha, has been convicted under Section 304 Part I. Indian Penal Code, and sentenced to rigorous imprisonment for ten years, by the Deputy Commissioner Siang District Along NEFA. The appellant along with co -accused Lance Naik Pura Tajo. were charged under Section 302/34 of the Penal Code. The appellant was further charged under Section 307 of which he was acquitted. Accused Pura Tajo was also acquitted of his charge. The appellant was also acquitted of the charge under Section 302/34 but convicted and sentenced under Section 304 Part I against which the appellant has filed the appeal, and the Deputy Commissioner has made the reference under the provisions of the Assam Frontier (Administration of Justice) Regulation. 1945. for confirmation of the sentence.

(2.) THE prosecution case, in brief, is as follows:

(3.) THE first submission of Dr. Medhi, learned Counsel for the appellant, is that after the acquittal of co -accused Pura Tajo, and after himself having been acquitted of the charge under Section 302/34, the appellant, who was charged for constructive liability, cannot be convicted of the substantive offence. The material portion of the charge is as follows: