STATE OF MEGHALAYA Vs. RICHARD LYNGDOH

JUDGEMENT

(1.) Dr. S. Marak, Medical & Health Officer lodged, as in-charge, Primary Health Centre, Sutnya, Jaintia Hills District, a written FIR, on 11.01.2001, at Khlichriat Police Station,- against accused Richard Lyngdoh alleging, inter alia, that on 11.01.2001 at about 12.05 a.m., the accused aforementioned, as headman of Sukna village, broke into the Government quarter, which was in occupation and use of the informant and started looking for the informant with the aim of assaulting him, but as the informant hid himself inside his said quarter, the accused broke open the main door of the said residential quarter, the accused also broke the window-panes of the quarter, came inside the quarter shouting that he would kill the informant and as the accused could not locate the informant, he (accused) broke all the materials inside the sitting room of the said quarter and left. Based on this FIR, Khlichriat Police Station case No. 8(1) of 2001 (corresponding to GR Case No. 19/2001) under Section 448/427/506 IPC was registered. The investigation carried out by the police resulted into filing of the charge sheet against the accused aforementioned under Sections 427/506 IPC. The charge sheet was accordingly laid in the Court of learned Additional Deputy Commissioner, Jaintia Hills District, Jowai. After furnishing copies in terms of Section 173 Cr.P.C., the learned Additional Deputy Commissioner, Jaintia Hills District, Jowai, made over the case to the learned Judge, District Council Court, Jaintia Hills Autonomous District, for trial.

(2.) On noticing that though both the complainant and the accused in the case were tribals and the offences were, ordinarily, triable by the District Council Court, yet since the complainant was a Government servant and had lodged the FIR in his official capacity as doctor/in-charge of the Primary Health Centre, Sutnya, Jaintia Hills District, the case cannot be treated as a case between two tribals, the learned Judge, District Council Court, Jowai, vide order, dated 10.03.2004, made a reference to the High Court, the reference being as follows : Whether a Government servant, who lodges an ejahar in his official capacity, is a tribal or non-tribal?

(3.) As directed by Hon'ble the Chief Justice, the matter was laid before this Court. I have heard Mr. D. Das, learned counsel for the accused above-named, and Mr. A. Sharma, learned Advocate General, Meghalaya, appearing on behalf of the State. I have also heard Mr. G.S. Massar, learned Senior counsel, and Mr. D.K. Mishra, learned Senior counsel, as Amicus Curiae.