NORBU SAIDU Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) Heard Mr. T. T. Tara, learned counsel for the appellant. Also heard Mr. G.Tado, learned Additional Public Prosecutor for the State/Respondent No. 1 and Ms. H. Jeram, learned Legal Aid Counsel for respondent No. 2 (informant).

(2.) This appeal has been filed by the appellant under Sec. 374 of the Code of Criminal Procedure against the Judgment and order dtd. 23/1/2024, whereby, the learned Sessions Judge for the Districts of East Kameng, West Kameng, Pakke Kesang and Tawang at Bomdilla in Sessions Case No. 08/2021 had convicted the Appellant under S. 302 of the Indian Penal Code, 1860 for life imprisonment and a fine of Rs.20,000.00; conviction and sentence u/s 27(1) of the Arms Act for 7 years rigorous imprisonment along with a fine of Rs.5,000.00.In default payment of fine, the appellant has directed to undergo 3 months' simple imprisonment each. The sentences passed by the learned Sessions Judge, are to run concurrently.

(3.) The prosecution case in brief is that on 2/7/2020 at about 9 am, a FIR was received from one Asang Kasidu with allegations that on the intervening nights of 1st and 2/7/2020 at about 9:30 pm, one Sang Norbu Saidu, armed with a gun, came to the entry gate of screening point site and shot dead one Dobo Kasidu. The said victim was found dead on the spot. On the basis of the FIR, NAFRA PS Case No. 01/2020 was registered under Sec. 302 IPC read with Sec. 27(1)(3) of the Arms Act, 1959 and investigation started. After completion of extensive investigation, the IO submitted charge sheet against the accused u/s 302 IPC r/w Sec. 27(1)(3) of the Arms Act, 1959. Subsequently, after committal and compliance with Sec. 207 Cr.P.C (as it existed then), the learned trial court was pleased to frame charges against the accused under Sec. 302 IPC read with Sec. 27 of the Arms Act, 1957.Upon the accused not pleading guilty to the charges, the trial commenced against him.