BADAL DEBNATH Vs. STATE OF NAGALAND

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction dated 25.06.2002 passed by the learned Additional Deputy Commissioner (Judicial) Dimapur, Nagaland in G.R. Case No. 244/98 convicting the appellants under Section 302/34 I.P.C. and sentencing them to undergo imprisonment for life.

(2.) The prosecution case in brief is that on 19.4.1998, the appellants Japu and Shyam killed Dhiren Singh whose dead body was found floating in a pond. The First Information Report was lodged by Shri Papu Singh on 21.4.1998 in East Police Station Dimapur alleging that the appellants alongwith 2 others killed Dhiren Singh on 19th April, 1998. The Police on receipt of the said information registered East Police, Dimapur Case No. 133/98 under Section 302 I.P.C. and took up the investigation. Upon completion of the investigation, the charge sheet was filed against Japu @ Raju Sarkar, Badal Debnath as well as Bhaiti @ Depak Deka. The learned trial court thereafter framed charge against the present appellants viz. Badal Debnath and Depak Deka under Section 302/34 I.P.C. on 9.2.2000. When the said charge sheet was read over and explained to the accused, they pleaded not guilty and demanded trial. Shri Raju @ Japu being the absconder, no charge was framed against him, however, the learned trial court convicted the said Japu @ Raju under Section 302/34 I.P.C. and sentenced each of them to undergo imprisonment for life. Hence the present appeal by the; appellants viz. Badal Debnath and Depak Deka against the said judgment of conviction.

(3.) We have heard Mr. Apok Pongener, the learned counsel for the appellants and Ms. Lucy, the learned Public Prosecutor.