DEBITA DEOHO Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) THIS appeal under Regulation 26 of the Assam Frontier (Administration Justices) Regulation, 1945 is directed against the judgment and order dated 29.1.1993 passed by the learned Deputy Commissioner, Lohit District, Tezu, in Sessions Case No. 4 of 1987. By the aforementioned judgment and order dated 29.1.1993 the accused appellant has been convicted under Section 304 of the IPC and sentenced to undergo rigorous imprisonment for five years.

(2.) THE case of the prosecution in short is that on 1.11.1986 a written complaint was received from Nk Debander Sah (PW13) to the effect that the accused, on 1.11.1986 at about 22.17 hours, had fired one round from his service rifle while he was on guard duty at AIR Station, Tezu and inflicted injuries on one Constable Sarbajit Singh. On receipt of the aforesaid complaint, police registered a case under Section 307 IPC and investigated the same and arrested the accused. The injured Sarbajit Singh was hospitalised at District Hospital, Tezu. Where he succumbed to his injuries in the morning of 2.11.1986. The case registered against the accused appellant was thereafter altered to one under Section 302 IPC. The police in the course of investigation held Inquest on the dead body of Constable Sarbajit Singh and sent the dead body for Post Mortem examination. A large number of persons were examined by the Investigating Officer and statements were recorded under Section 161 CrPC. At the conclusion of the investigation, charge sheet was submitted against the accused appellant for an offence under Section 302 IPC. The case was, thereafter, committed by the learned Judicial Magistrate, First Class, Tezu to Court of the Deputy Commissioner for trial.

(3.) A brief resume of the evidence tendered by tile prosecution witnesses examined in the case may be conveniently set out at this stage.