TEMSULEMBA Vs. STATE OF NAGALAND

JUDGEMENT

(1.) Heard Mr. Imti Longchar, learned counsel for the appellant. Also heard Mr.K. Wotsa, learned P.P., Nagaland appearing for the State.

(2.) This appeal is directed against the judgment and order dated 28.06.2010 passed in G.R. 179/2009 by the learned District and Sessions Judge, Dimapur whereby the appellant was convicted and sentenced to undergo 6 years R.I for offences under Section 457, 6 years for offences under Section 392 and another 1 year for offences under Section 216 (A) IPC which were to run concurrently.

(3.) The case of the prosecution in brief is that on 25.03.2009 at about 23:36 hrs, a telephonic information was received from Mrs. Tiakala Aier that some miscreants had entered her house. The Duty Officer of East Police Station, Dimapur rushed to the spot, by which time, the miscreants had escaped. However one accused, namely, Punato Zhimo was arrested from the place of crime. After interrogation, the arrested accused Mr. Punato Zhimo stated that he along with four persons had entered the house of Mr. Imtiwapang Aier, SDO, Police Project, Kohima and had stolen money and jewellery and also gang raped his daughter. During the course of investigation, it was also found that the present appellant who was serving as a Warder at Sub-Jail Dimapur had conspired with some of the co-accused persons, namely, Hetoi @ Heboto and Imtikumzuk to commit theft in the house of Mr. Imokaba Jamir, Joint Commissioner, Income Tax Department. However, the accused persons had wrongly entered the premise of Mr. Imtiwapang Jamir. Therefore, the appellant was also charged for harboring the co-accused Hetoi @ Hetobo and Imtikumzuk. It is also the case of the prosecution that the accused Hetoi @ Hetobo and Imtikumzuk were arrested by the NSCN (IM) and were later assassinated. Charge sheet No.100/2009 dated 25.6.2009 was submitted and that proceeded.