KIPA SERO Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) This Criminal Appeal under Regulation 27 of the Assam Frontier (Administration of Justice) Regulations, 1945, read with Section 374 (3) and 482, Cr.RC., is directed against the judgment and order dated 3.9.2004 passed by the learned Additional District and Sessions, Fast Track Court, West Zone, Yupia, Papum Pare District, Arunachal Pradesh, in Sessions case No. 230/2002 (FTC) corresponding to GR Case No. 8/92, by which the accused-appellant was convicted under Sections 326/333/308, IPC, and sentenced him to undergo RI for four years with fine of Rs. 17,000.00 for the offence committed under Section 333, IPC and in default to undergo SI for two years and to pay a fine of Rs. 2,000.00 for the offence committed under Section 308, IPC. Further, a sum of Rs. 15,000.00 has also been awarded as compensation to be paid to the victim Shri Tallo Jarjo, Sub-Inspector of Police, who has injured in the incident.

(2.) On the basis of an FIR lodged by one Sri Bang Tangzang, Sub-Inspector of Police, Naharlagun Police Station, the Naharlagun RS. Case No. 12/91 under Sections 326/333/308/34, IPC, was registered which eventually culminated to GR Case No. 8/92 under Sections 326/333/308, IPC, and subsequently to Sessions Case No. 230/2002 (FTC).

(3.) As per the story narrated in the FIR, the informant along with some other police personnel (13 numbers) had visited the house of the accused-appellant in search of one Shri Lakhan Paswan who involved in Naharlagun P.S. Case No. 11/91 under Sections'354/448/325, IPC. When the police party reached the house of the accused-appellant, the accused-appellant and his wife obstructed the police personnel from entering the house and the accused-appellant took out a knife (home made dagger) and injured two police personnel, namely Shri Tallo Jarjo, and Shri K. Ronya, both Sub-Inspector of Police. While Shri Jarjo received grievous injury, Shri Ronya received simple injury.