SHRI GAGA MOYONG Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) This is an appeal against the judgment and order dated 21-09-2015 passed by the learned Additional District and Session Judge, Eastern Zone, Pasighat, East Siang District, Arunachal Prdesh in Psg. Session Case No.169/12 convicting the accused under Sec. 304 Part-II Penal Code and sentencing him thereby to undergo simple imprisonment for 5 years.

(2.) I have heard Mr. M. Pertin, learned senior counsel for the appellant as well as Mr. K. Tado, learned P.P. appearing on behalf of the respondent No.1/ State of Arunachal Pradesh and Mr. O. Pada, learned counsel appearing for respondent No.2/Informant.

(3.) On the basis of the FIR lodged by Shri Tamin Tamuk, alleging inter alia, that on 02-01-1997, the accused Gaga Moyong stabbed his brother Nalo Tamuk, who died in General Hospital at Pasighat, Police registered a case as Pasighat P.S. Case No.01 of 1997 under Sec. 302 Penal Code. On completion of investigation, a charge sheet under Sec. 302 Penal Code was filed. Initially, the case was tried by the Deputy Commissioner, Pasighat and during the pendency of trial, after bifurcation of judiciary from the executive the case was transferred to First Track Court at Basar. Again the case was transferred from the FTC, Basar to the Court of Additional District Session Judge at Pasighat.