Amitava Roy - (1.) IN challenge is the judgment and order dated 28.07.2010 passed by Smti B. Giri, the learned Additional District & Session Judge / Additional Deputy Commissioner, Fast Track Court, East Khasi Hills District in F.T.C. (S) 25/2006 Criminal Appeal No.07/2010 Page 2 of 9 convicting the appellants herein under Section 302/34 IPC and sentencing them to suffer imprisonment for life.
(2.) WE have heard Mr KC Gautam, the learned counsel for the appellants and Mr K Khan, the learned Addl. PP, Govt. of Meghalaya. An FIR was lodged on 13.08.2001 by Mrs Makdalin Kharthangmaw with the Officer-in-Charge Mairang PS, West Khasi Hills, Meghalaya alleging that on 11.08.2001 at about 7:00 PM three miscreants with their faces covered had barged into their house and murdered her father i.e. Shri Skhin Basiawmoit in presence of her mother Smti Skhair Kharthangmaw. Mairang PS Case No. 13(8) 2001 was registered under Section 302/34 IPC and on the conclusion of the investigation, charge-sheet was submitted against the appellant and others. The learned trial court framed charge against the appellants under Section 302/34 IPC to which they pleaded "not guilty" and claimed to be tried. At the trial prosecution, examined, eleven witnesses including the Investigating Officer and the Doctor who had performed the postmortem on the dead body. The appellants were thereafter examined under Section 313 of the Code of Criminal Procedure (for short hereinafter referred to CrPC) in course of which they pleaded their innocence and denied the allegations brought against them. They also examined one witness namely: Shri Khrim Pathaw. The learned trial court on a consideration of all materials on record and after hearing the learned counsel appearing for the parties convicted and sentenced the appellants as indicated above.
(3.) BEFORE adverting to the rival arguments, it would be apt to outline a sketch of the evidence on record PW 1, Shri Roslang Kharthangmaw, son of the deceased stated on oath that on the date of occurrence while he was returning from the field, he met three persons running towards the same direction and on enquiry they told him that there was some commotion from the place where they were coming. The witness stated that it was dark by then and when he reached Criminal Appeal No.07/2010 Page 3 of 9 home he found his father lying on the floor in a pool of blood. The witness then recalled that out of the three persons whom he met one was Santibok (appellant No.2) whom he recognized by his voice. The witness also mentioned that his younger sister told him that some people had come to their house and assaulted their father. In cross examination by the defence this witness could not recollect as to whether these three persons were masked or nor as it was dark. He conceded that he could not recognize the other two persons but could identify Santibok by his voice. He further stated that his father was dead by the time he had reached home. Pw-2 Dr G.B.M. Mihsil who had performed the postmortem examination on the dead body on 12.08.2001 stated to have found the following injuries thereon: " 1. An incised wound on the left side of the epicastric (Upper part of the Abdomen) region horizontal in nature size 1 " x 1x " . 2. An incised wound on the left side of the umbilical region extending from the lower side of the epicastric region to upper left llliac fossa region (above the groin) it is vertical in nature and the size is 8" x 6" x 6" from this wound the stomach and small intestine protruded. 3. An incised wound in the left lnguinal region (below the groin) which is vertical in nature and the size is 3"x1x " ". The witness opined that death was due to shock as a result of severe hemorrhage caused by sharp weapons. She also stated that considering the type of injuries chances of survival and recovery was not there especially when the wound No.2 was fatal. She proved the postmortem report with Exhibit 1. In cross-examination though she reaffirmed that the injuries were caused by sharp weapon she could not state as to whether all had been caused by the same weapon. ;