BINDA BIMPAK Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) The Criminal Appeals are arising out of the judgment of conviction dated 16.6.05 in B.S.R. Sessions Case No. 2/02 passed by the learned Additional Sessions Judge, Fast Track Court, Basar, Arunachal Pradesh convicting the accused/appellant u/s 302 IPC and u/s 27 of the Arms Act and sentencing him to undergo rigorous imprisonment for 10 years and also to pay a fine of Rs. 5,000/- in default to undergo further rigorous imprisonment for 2 years for the conviction u/s 302 IPC and to undergo rigorous imprisonment for 3 years and to pay a fine of Rs. 2,000/- in default to undergo further rigorous imprisonment for 6 months for conviction u/s 27 of the Arms Act. The reference has been made for confirmation of the sentence in view of the provision contained in regulation 30(1) of the Assam Frontier (Administration of Justice) Regulation, 1945.

(2.) On the basis of the FIR lodged by Dungsing Bimpak, PW.5, on 10.12.99 alleging that his father has been murdered at Bimpak village by Binda Bimpak, the accused/appellant, by the gun at about 4-00 PM, with the Officer-in-Charge of Taliha Police Station, Taliha RS. Case No. 10/99 u/s 302 IPC read with Section 27 of Arms Act 1959 was registered. The investigating agency after completion of the investigation submitted the charge sheet against the accused/appellant u/s 302 IPC read with Section 27 of the Arms Act. Since the case was exclusively triable by the Court of Sessions, the learned Magistrate vide order dated 21.7.2000 committed the accused/appellant to the Court of Sessions and accordingly the charges under the said provisions of law were framed by the learned Additional Sessions Judge, Fast Track Court, Basar on 19.12.02 against the accused/appellant which when read over and explained, the accused pleaded not guilty and claimed to be tried.

(3.) The prosecution in order to bring home the charges levelled against the accused/appellant examined 8 witnesses including the first informant, investigating officer as well as the Doctor who conducted the autopsy on the body of the deceased. After closure of the prosecution witnesses statements of the accused u/s 313 Cr.P.C. was recorded. The accused did not examine any defence.