MEGHA TIMUNG Vs. STATE OF ASSAM

JUDGEMENT

(1.) The instant criminal appeal from Jail under Sec. 383, Code of Criminal Procedure, 1973 ['CrPC' or 'the Code', for short] is preferred against a Judgment and Order dtd. 21/12/2020 passed by the Court of learned Sessions Judge, Karbi Anglong at Diphu in Sessions Case no. 41/1998. By the Judgment and Order dtd. 21/12/2020, the accused-appellant has been convicted for the offence of murder under Sec. 302, Indian Penal Code [IPC] and he has been sentenced to undergo imprisonment for life and to pay a fine of Rs.10,000.00, in default of payment of fine, to undergo rigorous imprisonment for one year. It has been ordered that the period of detention already undergone by the accused-appellant shall be set-off under Sec. 428, CrPC.

(2.) The First Information Report [FIR] was lodged before the Officer In-Charge, Diphu Police Station on 17/9/1994 by one Pramod Lele as the informant stating about an incident which occurred at around 08-30 p.m. on 16/9/1994. In the FIR, the informant had inter-alia alleged that at around 08-30 p.m. on 16/9/1994, one Khagen Daimari, a cook in Geeta Ashram, was assaulted on head from behind by someone and Khagen Daimari was admitted to Diphu Civil Hospital. The FIR further mentioned that there was severe bleeding throughout the night. It further mentioned that Khagen Daimari was coming from a nearby village to Geeta Ashram and he was assaulted at a place just outside the boundary of the Ashram.

(3.) On receipt of the FIR, the Officer In-Charge, Diphu Police Station registered the same as Diphu Police Station Case no. 190/1994 for the offence under Sec. 325, IPC and thereafter, entrusted the investigation to one Md. Badrul Islam, an Officer attached to Diphu Police Station at that time.