SANTOSH BORO Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) THIS criminal appeal arises out of the judgment dated 11.12.2002 passed by the Addl. Deputy Commissioner, East Khasi Hills District, Shillong, in GR Case No 336(A)/1998 convicting the appellant No 1 under Sections 302/34, IPC, the appellant No. 2 under Section 302/34, IPC read with Section 25(1 -A)(1 -B) of the Anns Act, the appellant Nos 3 and 4 under Section 109/34, IPC read with Section 25(1 -A)(1 -B) of the Arms Act and sentencing the appellant Nos 1 and 2 to undergo life imprisonment and to pay a fine of Rs. 2,00,000.00 by each of them and the appellant Nos 3 and 4 to undergo imprisonment for 14 years and to pay a fine of Rs. 1,00,000.00 by each of them.

(2.) WE have heard Mr N.S. Deka and Mr P. Das, learned Counsel for the appellants and Mr R Goswami, learned Public Prosecutor, Meghalaya.

(3.) ON receipt of the complaint, the Offier -in -Charge, Rynjah Police Station registered the Rynjah PS Case No 75(11)1998 under Section 396, IPC, read with Section 25(1A)(1B) of the Arms Act and the process of investigation was set into motion. The Investigating Officer prepared inquest report over the dead body. Autopsy over the dead body were conducted by the medical officer of Civil Hospital at Shillong. During the course of investigation, the Investigating Officer seized incriminating materials in presence of the seizure witnesses, recovered arms and ammunitions as per seizure list, material exhibits were sent to Forensic Laboratory at Kolkota and Shillong, blood samples were taken from the victim, iron rods were seized and sent for the expert opinion, arrested the accused persons and TIP was held for identification of the accused/appellant No 1. Confessional statements were recorded by the Magistrate under Section 164 CrPC and the statement, of prosecution witnesses were recorded under Section 161, CrPC. After completion of the investigation, a prima facie case having found to be established against the accused persons the Investigating Officer submitted charge sheet against them and sent up for trial.