- (1.) Leave granted.
(2.) Challenge in this appeal is to the judgment of the Guwahati High Court upholding appellant's conviction under Section 302 of the Indian Penal Code, 1860 (in short the 'IPC') and sentence of imprisonment for life as awarded by the learned Sessions Judge, Dhemaji. Accusations which led to the trial of the appellant are essentially as follows: One Premlal Verma lodged a written complaint to the Superintendent of Police, East Siang, Arunachal Pradesh on 29.9.2000 alleging that on 26.9.2000 one Fekan Das (hereinafter referred to as the 'deceased') was driving a Truck No.AS-25/641. At about 11.00 p.m. when the truck reached Ruksing Gate, the police personnel of Jonai Police Station came there in a three wheeler and assaulted the deceased. The deceased became senseless and the police left him on the road and returned to the police station. It was further alleged that the deceased was brought to the Pasighat General Hospital for treatment. On 28.9.2000, he was referred to Dibugarh for treatment and on 29.9.2000 on way to the hospital his condition became serious and he died while being brought to Pasighat.
(3.) The aforesaid information was registered. The investigation was undertaken and charge sheet was placed. The accused was absconding and, therefore, no test identification parade could be held. On conclusion of investigation, the Investigating Officer submitted the charge sheet indicating commission of offence punishable under Section 302 IPC. Charge was framed after he was arrested. In order to substantiate its accusations 16 witnesses were examined. The accused pleaded innocence. On analysis of the evidence tendered, the Trial Court found the accused guilty and convicted and sentenced as aforesaid. An appeal was preferred before the High Court. The main stand of the accused-appellant was that the evidence of the eye witnesses cannot be relied upon as there was delay in lodging the FIR, and conviction was vitiated. Further no sanction was obtained as required under Section 197 of the Code Of Criminal Procedure, 1973 (in short the 'Code'). The stand of the respondent-State on the other hand was that the evidence of PWs. 5, 6 and 7 had clearly established the accusations. It was submitted that the deceased was assaulted without any fault on his part. Further, it was pointed out that since the appellant, a police personnel was involved there was effort on the part of the other officials not to accept the information given and ultimately the grievance was made before the Superintendent of Police. The High Court found that the evidence of the three witnesses who were stated to be eye witnesses left no manner of doubt that the accused was guilty. Therefore, the appeal was dismissed.;