M.R. Pathak, J. - (1.)The learned Additional Sessions Judge, Fast Track Court, Eastern Zone, Lohit District, Namsai, Arunachal Pradesh by a common judgment dated 26.07.2010 and order dated 10.08.2006 passed in Sessions Case No. 03/2006 arising out of G.R. Case No. 29/2005, corresponding to Namsai Police Station Case No. 29/2005 convicted the accused Anil Urang under Sections 307/326/302/ 201/34 of the Indian Penal Code (IPC) and the other accused Suresh Urang under Sections 302/201/34 of the IPC and sentenced both of them to undergo Life Imprisonment for the offence under Sections 302/34 IPC and also sentenced them to undergo Rigorous Imprisonment 5 (five) years for the offence under Sections 201/34 IPC. In addition to the above, by the said order dated 10.08.2010 the learned Trial Judge further sentenced the accused Anil Urang to undergo Rigorous Imprisonment for 7 (seven) years under Sections 307/326 IPC, observing that the said sentence shall run separately.
(2.)Being aggrieved with said common judgment and order of conviction and sentence, both the accused have preferred the present appeals from jail. As agreed by the parties, we have taken up both the appeals together for consideration.
(3.)Prosecution'S case is that on the evening of 14.05.2005 around 06:30 pm an unknown person with severe cut injuries (with dao) on his person, drenched with blood, appeared in the shop of one Debaru Urang at Village-Jona I (Kuli) who could not speak due to his neck injuries. Seeing the severely wounded person, the said shop owner informed Boro Sonowal (PW.1), the Gaon Burha (Village Headman) of the village, who immediately came to that shop and noticing the said unknown injured person, he informed the Namsai Police Station about it. Thereafter, Police personnel from Namsai Police Station arrived at the concerned place at Jona-I Village, took the said injured person with them and on the night of 14.05.2005 itself, around 11:30 pm the injured person was admitted in the Namsai Community Health Centre for his medical treatment. Subsequently, on the intervening night of 14.05.2005 and 15.05.2005, the Gaon Burha of the village Boro Sonowal (PW.1), lodged a written ejahar before the Officer-in-Charge of Namsai Police Station about the aforesaid incident, stating that the accused person of the case is unknown and requested the police authority to do the needful. The same was registered and numbered as Namsai Police Station Case No. 29/2005 under Sections 307/326 IPC (Exihibit-1) corresponding to G.R. Case No. 29/2005. On enquiring into the matter police on 15.05.2005 from the said injured person came to know about his identity that he is Petuwa Moran, resident of Old Mohong, P.O. - Mohang, P.S. - Mahadevpur and from him also came to know about the incident in which he sustained the injuries as well as the fate of his companion Moton Gowala in the incident. Considering the seriousness of the injuries, doctor at Namsai CHC referred the said injured person to the Assam Medical College Hospital at Dibrugarh. On 16.05.2005, Police admitted the said injured Petuwa Moran in St. Lukes Hospital, Tinsukia for his better treatment and on 23.05.2005 he was discharged from that Hospital.