PABITRA NINGDA Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) Heard Mr. S. K. Bhattacharjee, learned counsel for the appellant. Also heard Ms. T. Jini, learned Additional Public Prosecutor for the State respondent.

(2.) This is an appeal under Sec. 374(2) of the Code of Criminal Procedure, 1973, filed by the appellant on behalf of the accused, against the impugned judgment and order dtd. 27/3/2018, passed by the learned Session Judge, Tezu, East Session Division, Arunachal Pradesh, in Sessions Case No. 05/CLG/2012, under Ss. 302/201 of the Indian Penal Code, convicting the accused under Sec. 304 Part-II of the Indian Penal Code and sentenced him to suffer Rigorous Imprisonment of 5 (five) years with fine of Rs.20,000.00 and in default imprisonment for another 6 (six) months.

(3.) The brief facts of the case is that on 21/9/2011, one Khifuja Yobin lodged a complaint before the Circle Officer, Vijaynagar against the present accusedTashi Sherpa with the allegation that in the evening of 15/9/2011, at about 7.45 p.m., the accused eloped with his daughter, Ms. X (name withheld), from Bazar Line, Vijaynagar. When the accused was enquired by the village authority, he admitted that he gave Rs.1,000.00 to her and sent her with a torch to Yobin Camp, Miao where she was asked to wait for him. But, despite their best efforts, they could not found his daughter and during inquiry, the police received an information regarding recovery of a dead body on 22/9/2011 and accordingly, VNR P.S. Case No. 04/2011, under Sec. 302 of the Indian Penal Code, was registered. Thereafter, in absence of the superior police officer at Vijaynagar Police Station, the Head Constable Mr. Awad Kumar Mehta was instructed over telephone to visit the place of occurrence and to conduct the inquest and also to prepare a rough sketch map of P.O. on 22/9/2011. Later on, the investigation was taken up by I.O. Late Toji Singpho. During the course of investigation, she recorded the statement of complainant and other witnesses and also seized some material evidences. The accused, who was brought before the Gaon Burah, also admitted that he sent the deceased to Yobin Camp Miao with a torch and Rs.1,000.00 and he admitted the same before the learned Magistrate while his statement was recorded under Sec. 164 Cr.P.C. He further admitted in his confessional statement that she pushed down the deceased girl to a deep George resulting to her death. Accordingly, finding a prima facie case, the Charge-Sheet was filed under Ss. 302/201 of the Indian Penal Code.