THARASO MANGPONG Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) APPELLANT , Chow Tharaso Mangpong stood charged under Section 302 of the Indian Penal Code for committing murder of one Chow Khamin Manlai on 6th day of May 1998 at village Nampong within the jurisdiction of Namsai Police Station. At the conclusion of the trial learned Additional District and Sessions Judge, Fast Track Court, Eastern Zone, Namsai, convicted the appellant and sentenced him to undergo life imprisonment and to pay fine of Rs. 3,000/- (Three thousand) and in default of payment of fine, it was also ordered that the appellant shall further undergo a term of imprisonment for 3 (three) months R. I. The judgment was rendered on 14. 9. 2005 in Namsai P. S. Case No. 23/1998.

(2.) APPELLANT being aggrieved by and dissatisfied with the judgment and order of conviction so rendered filed this present appeal challenging its legality and correctness.

(3.) THE criminal law was set in motion by one Chow Kem Hopak, G. B. of Nampong village by filing an FIR (Ext. 1) with the Station House Officer (SHO) of Namsai Police Station to the effect that there had been a "mar pit" in between the deceased Chow-Khamin Manlai and Chow Pingya Manlai on 5. 5. 1998, both the brothers due to some household conflict. As a result of the said "mar pit", deceased Chow-Khamin Manlai received serious injuries on his person and was offered treatment in the Community Health Centre (CHC), Namsai, on the same day, but the said Chow-Khamin Manlai succumbed to his injury on the night of 6. 5. 1998 at about 11 p. m. Informant suspected that his brother Chow Pingya Manlai (since deceased) and his wife, Nang Khamkon Manlai killed their brother, deceased Chow Khamin Manlai. The Station House Officer of Namsai Police Station on receipt of this first information report, the Ext. 1, registered a case being Namsai P. S. Case No. 23/1998 under Section 302/34 IPC. Investigation started. Inquest on the dead body was conducted and thereafter sent for post-mortem examination. In the meantime, Investigating Officer arrested Chow Pingya Manlai, the brother of the deceased and put him in judicial custody. During the course of investigation, Chow Pingya Manlai committed suicide. It is to be noted herein that Chow Pingya Manlai committed suicide by hanging on 28. 7. 1998 while he was in police custody. Investigating Officer also arrested the wife of Chow Pingya Manlai, who was, however, subsequently released on bail, no evidence having been found against her. An U. D. case was registered vide Namsai P. S. Case No. A/1998, which was also investigated by S. I. , L. Tabia, the then Station House Officer of Namsai Police Station. During the course of investigation by S. I. , L. R. Rana, a prima facie case was found established against Chow Pingya Manlai (since deceased) under Section 302 of the IPC. However, having found the case abated against him due to his death the case was returned in FR (final form) by the Investigating Officer. The FR was ultimately not accepted by the accepting authority and the same was returned for further investigation. This time, investigation was entrusted to Superintendent of Police, R. N. Hazarika, who conducted investigation and examined witnesses including the Circle Officer (C. O.), Piyong, M. Tato, before whom the deceased Chow Khamin Manlai was produced, Shri Hazarika, the Superintendent of Police, after completion of investigation submitted charge sheet against the present appellant under Section 302/34 of the IPC.