CHOGE CHEN Vs. STATE OF A P

JUDGEMENT

(1.) The judgment and order dated 14.02.2015, passed by the learned Addl. Sessions Judge, Yupia, Itanagar, Arunachal Pradesh in Sessions Case No. 128/2002 (FTC) (G.R. Case No. 43/1985), convicting the accused-appellant under Section 302/34 of the Indian Penal Code (IPC, in short) and sentencing him to suffer rigorous imprisonment for life and to pay a fine of Rs. 1,000/- (Rupees one thousand), in default, to suffer further simple imprisonment for a period of 3 (three) months, is the subject matter of challenge in the instant jail appeal.

(2.) The prosecution case is that on 11.05.1985, a complaint in writing was submitted before the Circle Officer, Kalaktang, West Kameng district by one Dorjee Tsering of Betchilling village, against 4 (four) persons viz. Chochung, Choge Chen, Tsering Dorjee and Nowang Norbu stating that on 11.05.1985 at about 02-00 hours, the above accused persons attacked his family and killed his wife and daughter. It was further stated that the complainant was also beaten by them but he somehow managed to escape and that the accused persons also burnt his house and all belongings.

(3.) On receipt of the above complaint, the Circle Officer forwarded the complaint to the Officer-in-Charge, Kalaktang Police Station with a note to enquire and submit the report by booking the culprits and registering a case against them as deemed fit. On receipt of the said written complaint from the Circle Officer, Kalaktang, the Officer-in-Charge, Kalaktang Police Station treating the said complaint as the First Information Report (FIR), registered a case being Kalaktang Police Station Case No. 02/1985 under Sections 302/436/457/34, IPC. A G.R. case being G.R. Case No. 43/1985 was also, correspondingly, registered. Upon registration of the said case, S.I. Tas Tako, the then Officer-in-Charge, Kalaktang Police Station took up the investigation as the Investigating Officer (I.O.) himself.