ALPHON KHARDEWSAW Vs. STATE OF MEGHALAYA
HIGH COURT OF MEGHALAYA
STATE OF MEGHALAYA
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Ranjit More, J. -
(1.) Heard Mr. K.C.Gautam, learned counsel for the appellant and Mr. K.Khan, learned Sr. PP for the respondents.
(2.) By the judgment and order dated 22-02-2018, passed in G.R.Case. No. 488 (A) of 1985, the learned Judge, District Council Court. Khasi Hills, Shillong convicted the present appellant, original accused No. 1 for an offence punishable under Section 302 IPC. The learned Judge, District Council Court thereafter, heard the appellant on the quantum of punishment on 07-03-2018 and by order dated 09-03-2018, directed him to suffer sentence for life imprisonment. The appellant by filing the above appeal, has challenged both the orders referred herein above.
(3.) The prosecution case in short is that in the night of 20-07-1985, at about 8p.m. the accused persons namely, Shri. Alphon Khardewsaw (present appellant) and Shri. Siren Marshiangbai of Tiriang had assaulted the deceased namely, U Drikshon Khardewsaw at Rwiang on the PWD main road with a hammer, stones and an iron chain causing multiple fractured wounds on the head of the deceased and as a result the deceased died on the spot instantaneously. The family members of the deceased on hearing the hue and cry of the deceased rushed to the spot while the accused persons fled away from the spot. During investigation, it was found that prima facie case under Section 302 r/w 34 IPC has well been established against both the accused and hence Charge-sheet No. 43/1985 under Section 302 IPC was filed. In the Charge-sheet, police named 13 witnesses.;
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