NZANTHONG AND ORS. Vs. THE STATE OF NAGALAND

JUDGEMENT

(1.) A new procedural fashion unheard of and unseen bad been adopted by Mr. S. Lima Aier, Deputy Commissioner cum. District Magistrate, Kohima in the trial of this case. 'Discretion' to follow the spirit of the Code also has a limit, but herein the Deputy Commissioner left no limit. The manner of exercising discretion in the name of following the spirit will be described in the following paragraphs.

(2.) Ten Appellants have preferred this appeal impugning the judgment dated 10.9.83 of the Deputy Commissioner, Kohima in Criminal complaint case No, 1/1082, Eight (8) Appellants being serial Nos. 1 to 8 had bean convicted under Ss. 427/451/355/143 and 109 of the Indian Penal Code, sentencing to pay collective line of Rs. 2,00,000/ - (two lakhs) and in default to undergo Rigorous Imprisonment for ten years on all the aforesaid counts. Two accused were not convicted namely Appellants No. 9 and 10, but were sent to Jail along with others to suffer the sentence.

(3.) Mr. Viyekha Rengma, Chairman of Village Kontsunyu lodged a written complaint addressing to the Deputy Commissioner and Sub -Divisional Officer (C) TSMEINYU to the effect that his house bad been totally destroyed by the villagers of Kontsunyu and Tsosesunyu on 14th November, 1982 and prayed for necessary action. The S.D.O. immediately rushed to the Police Station and got a case registered there on that complaint and Police started investigation, The S.D.O. along with Police visited the place of occurrence on that very day. The Deputy Commissioner also visited the place of occurrence on 15.11.82 with Police officials, Prompt action was taken to set Police into motion by referring the complaint under the provisions of Sub -section (3) of Sec. 156 of the Code of Criminal Procedure. The accused persons were arrested by Police on 15.11.82 during the course of investigation. That investigation it still pending without any report. In the meantime the trial was over on 10.9.83 by the Deputy Commissioner in his own fashion.