TADANG TAMUT Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) (Oral) - This criminal appeal is so preferred by the sole accused/appellant Shri Tadung Tamut against the conviction and sentence dated 9th Sept., 1993 in Case No. 11 of 1991 passed by the Deputy' Commissioner, Pasighat. East Siang District, Arunachal Pradesh.

(2.) Heard Mr. C. Baruah, the learned counsel for the appellant and Mr. T.N. Srinivasan, the learned Public Prosecutor, representing the State of Arunachal Pradesh.

(3.) It transpires that the impugned judgment was so passed by the learned Court below under the provisions of section 229 of the Crimial P.C. when a date was so fixed as on 24.8.93 for hearing on the point of charge. The charges were so framed under two heads against the accused/appellant for an alleged occurrence taking place on 21st Jan., 1991 and the charges so framed under two heads were under section 304 of the Penal Code with that of the 25 (1) (a) of the Arms Act. The learned Court below at the foot of the form of the charge has incorporated that this accused/appellant has pleaded not guilty of committing any offence coming under the provisions of section 304 of the Penal Code and claimed to be tried whereas with regard to the charge under section 25 (1) (a) of the Arms Act, as incorporated therein by the learned Court below, he pleaded guilty to the said charge and in that light, the learned Court below by the impugned order without entering into the evidence, convicted the accused/appellant under the Arms Act and sentenced him to undergo RI for three years. The learned Court below in the same judgment also observed that the present accused/appellant shall also be tried under section 304 of the Penal Code. perhaps not splitting the record.