TADON TATIK Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) Both these matters arise out of the same Judgment dated 30th January, 1997 delivered by the Deputy Commissioner. East Siang District, Pasighat, Arunachal Pradesh in Sessions Trial No. 93/94 thereby holding the accused appellant Tadon Tatik guilty of offence punishable u/s 302 IPC and imposing capital punishment of death for confirmation of which a reference u/s 368 Cr PC read with Regulation 30(1) Assam Frontier (Administration) of Justice Regulation, 1945 has been made to this Court the accused has also preferred and appeal against his conviction and Sentence.

(2.) Prosecution case stated in brief was that accused Tadon Tatik lived with his wives Smt. Sumi Tatik, PW 11 and Parboti Tatik, PW 10. The accused had a son and daughter from his first wife Smt. Sumi and a son from second wife Smt. Parboti. It appears from the record that the accused who was contractor by profession, had developed strained relations with this first wife and the second wife also complained of illtreatment meted out to them by the accused. There is evidence to suggest that the accused was deeply infatuated to his first wife Smt. Sumi and could not bear her separation so much so that he had gone to the extent of cutting his thumb, and sending the same to his wife in case she needed it for putting its impression on the divorce papers. The physical torture to which Sumi was subjected had dragged her away from her husband, she was serving as a School Mistress.

(3.) On the fateful day i.e. 13th July, 1994 around 12 noon the accused killed his three children A. Tatik, aged about 7 years, G. Tatik, aged about two months and O. Tatik, aged about 9 years by inflicting injuries on their todies, with knife and axe. It is the prosecution case that even before killing his kids he had served them food and asked them to go to sleep. After having killed them, when he came out of the room he was shouting, as stated by PW2 & PW3 that he had finished his children. According to the prosecution case he came to the Police Station and reported the incident, which was noted and registered as GD Entry, but the same has not been produced during trial. It was on the basis of this report lodged by none other than the accused himself that a Police Sub-Inspector PW13 proceeded to the spot alongwith the other staff members. Finding that the daughter who still bleeding, she was rushed to local hospital where she was declared dead. After collecting some information PW13 returned to the Police Station and lodged the FIR Ext. 8. If was on the basis of this report that a case u/s 302 IPC was registered and taken under investigation which again was conducted by the same Sub- Inspector Police PW 13. During the course of investigation inquest of the dead bodies were held and that were sent for post mortom examination. Witnesses examined and the accused also made confessional statement allegedly made to and recorded by PW 4, the local Magistrate.