RAMESH TAKU Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) These three appeals, which have arisen from the judgment and order passed by the learned Sessions Judge, Papumpare, Arunachal Pradesh in Sessions Case No. 220/2013 (UPA) are taken up together for hearing and disposal by this common judgment. By the impugned judgment, learned Sessions Judge convicted the appellants under Section 302/326 IPC and sentenced them to imprisonment for life under Section 302 IPC and imprisonment for 10 years under Section 326 IPC. The appellants were also sentenced to pay fine of Rs. 2000/- and Rs. 1000/- respectively under Section 302 IPC and Section 326 IPC with default stipulation.

(2.) An FIR was lodged by Sri Tabom Gapak (PW-3) alleging that on 29.05.2013, at about 2- 2.30 AM, some unknown culprits killed his son Bomjen Gapak near Liezi Complex, Itanagar, by inflicting multiple sharp cut injuries. The assailants also inflicted serious injuries to Terkuk Gapak (PW-1) by sharp weapon. On the basis of the said FIR, police registered Itanagar P.S. Case No. 118/2013 under Section 326/302/34 IPC. The case was initially investigated by Sub- Inspector T.M. Nikam, who visited the place of occurrence, recorded statement of some of the witnesses, conducted inquest on the body of the deceased, sent the body for postmortem examination and seized some incriminating articles. Having noticed the slow progress of the investigation, the Superintendent of Police handed over the investigation of the case to the Inspector of Police, Tabi Bage (PW-25) and the subsequent Investigating Officer sent the CC TV footage collected by the previous Investigating Officer for forensic examination and on the basis of the FSL report of the CC TV footage, seized a vehicle allegedly used by the accused persons, recovered the weapons of the offence and arrested the accused persons.

(3.) The postmortem examination was conducted by Dr. D. Phinya (PW-21), who found the following injuries.