STATE OF ARUNACHAL PRADESH Vs. NAINA BAHADUR CHETRY

JUDGEMENT

(1.) This Criminal Reference, arises out of the judgment and order passed in Sessions Trial No. 02/2001 (Corresponding to Roing PS Case No. 38/2000) convicting the accused under Section 302, IPC and sentencing him to undergo imprisonment for life, referred for confirmation under Section 30 of Regulation 1 of 1945-The Assam Frontier (Administration of Justice) Regulation, 1945, by the learned Deputy Commissioner, Lower Dibang Valley district, Roing.

(2.) We have heard Mr. N. Lowang, learned Public Prosecutor, Arunachal Pradesh and Mr. T. Pertin, learned Amicus Curiae, appointed to defend the accused.

(3.) The prosecution case initiated on the basis of an FIR lodged with the Officer in Charge, Roing Police Station, by one Shri Tengare Linggi, to the effect that on 14.6.2000 at about 3.00 A.M., the accused Shri Naina Bahadur Chetri murdered his wife. On receipt of the said FIR, the Roing Police Station Case No. 38/2000 under Section 302, IPC, was registered and Shri M.K. Deuri, SI, PW-9, was entrusted to investigate the case. The process of investigation having been set into motion, the Investigating Officer visited the place of occurrence and drew a sketch map of the place of occurrence (Ext-3), conducted inquest upon the dead body and forwarded the dead body for post mortem examination. During the investigation, the Investigating Officer recorded the statements of as many as eight witnesses whereas the statements of PW-3, Shri Purna Bahadur Chetri and PW-5, Miss Lila Devi Sivakot were recorded under Section 164(5), CrPC. After conclusion of the investigation, the investigating Officer having found prima facie material against the accused for prosecuting him under Section 302, IPC, prepared the charge sheet being Charge Sheet No. 56/2000 under Section 302, IPC and forwarded the same for necessary action to the learned trial Court. The case being a Sessions triable one, the same was committed to the Court of the learned Deputy Commissioner for necessary trial. The learned Deputy Commissioner registering the case being Sessions Trial No. 2/2001, on the basis of the materials made available before him by the investigating agency and on hearing both prosecution and the defence framed charge against the accused person under Section 302, IPC to which the accused denied and claimed to be tried.