STATE OF MEGHALAYA Vs. JOHN FRANCIS MANLIANA

JUDGEMENT

(1.) This is an appeal by the State against the order of acquittal passed by the learned Sessions Judge, Shillong in Sessions case No. 1/73. The respondent therein was tied up for, trial before the learned Sessions Judge for alleged commission of murder of one Md. Rashad Hussain, The case relates to the year as far back as 1964. More than two deceased have passed when the unfortunate incident took place. The respondent was charged under section 302 I.P.C by the learned Sessions Judge, but on trial he was acquitted on benefit of doubt.

(2.) While murder is a tragedy, discovery of the murderer beyond doubt is a judicial function. The Court is to enquire who the culprits were. Two offences are involved in the killing of a person. They are the offences of culpable homicide and the more heinous offence is murder. What distinguishes these two offences is the presence of a medical mens rea which consists of four mental attitude in the presence of any of which the lesser offence becomes greater. The facts which reduce the murder to culpable homicide that it should have, been-committed with pre-meditation, upon a sudden quarrel, to the hit of passion and without the offendersT having taken under advantage or acted in a cruel or manual manner. The motive prompts a man to form, an intention and the knowledge is an awareness of the consequences of the fact.

(3.) In the present case we are to examine the impugned judgment and order of acquittal passed by the learned Sessions Judge, Shillong whereby the learned Sessions Judge acquitted the accused having found him not guilty of the charges under section 302 I.P.C. We find from the preface of the judgment of the learned Sessions Judge that the occurrence took place on the night of 10111th October, 1964. It took more than 6 months to submit the charge-sheet against the accused which was submitted only on 18.5.65. But unfortunately the committal proceedings took more than 6 years and the case was committed to the Court of Sessions Judge for trial only on 18.8.70. Delay defects Justice. We also deprecate lenthy litigation more particularly in criminal case where the accused is to remain in anxiety to know the fate of his trial. However, after committal proceeding the case ended in the Court of the learned, Sessions Judge by the verdict of acquittal Elated 24-6-74. The appeal preferred by the State against the order of acquittal is pending in this Court since 1976 and more than 11 years have elapsed by now.