TEPUSETO SOPHIE Vs. STATE OF NAGALAND

JUDGEMENT

(1.) Heard Ms. Neise Liegise, learned counsel for the appellants and Mr. Veto V. Zhimomi, learned Public Prosecutor, Nagaland for the State.

(2.) This appeal under Sec. 374(2) of the Code of Criminal Procedure, 1973 is filed against the impugned Judgment and Order dtd. 5/9/2019 passed by the learned Court of Principal District and Sessions Judge, Kohima, Nagaland, in GR No. 191/2013 in Case No. 0076/13 convicting the 3 (three) accused persons, namely, Tepuseto Sophie (A-1), Kehosol Tetso (A-2) and Menyungol Tase (A-3) and sentencing each one of them to undergo five (5) years rigorous imprisonment for the offence under Sec. 364 IPC and to undergo seven (7) years for offence under Sec. 304 Part(II) IPC and the sentence against them shall run concurrently.

(3.) The prosecution case in brief is that on 24/10/2013 an information was received by the OC, South Police Station, Kohima, to the effect that one unidentified body of a male was found between Khuzama and Viswema Village near Chowkhwi river bridge. On such information, the Khuzama Police Station party visited the location, had the dead body identified as one Jaimul Islam @ Ibrahim, s/o Abdul Haque of Assam, held inquest over the body and then sent the same for post-mortem Examination at NHAK and thereafter it was handed over to the relative of the deceased. On the same day a written complaint was received from Shri R. Kire, President of ANTA, Kohima unit, and Menuovile Sohu, Action Committee Convener of ANTA. Accordingly, a case was registered as Kohima South Police Station case No. 0076/13 under Sec. 364/356/392/302/34 IPC.