MULO RAKAIT Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) The Appellants, who are Accused persons in Sessions Case No.77 of 2013 on the file of the District and Sessions Judge, West Jaintia Hills District, Jowai, were convicted by the Trial Court for offences under Ss. 302/34 IPC as follows:

(2.) The case of the prosecution in brief is that based on the complaint given by one Smti Sharbih Rakait on 11/7/2006 that her son Shri Salong Rakait was murdered by the appellants along with Mut Rakait and Dilip Chyrmang, a case in O.C. Jowai Police Station Case No.81 (07) 06 under Ss. 302/34 IPC came to be registered. Immediately thereafter the case was entrusted to one C. Lamare, Sub Inspector of Police, who, after a thorough investigation and examination of witnesses, arrested the accused persons. The further case of the prosecution is that the dead body was sent for post-mortem after conducting inquest over the dead body. According to the prosecution, all the accused persons pulled the deceased out of the house and committed the crime during puja days.

(3.) After investigation, a charge sheet was laid before the Court of the ADC, Jowai in C.S.No.86/06 dtd. 18/8/2006 and was subsequently, made over to the District and Sessions Judge, West Jaintia Hills District, Jowai for trial. The prosecution, in order to substantiate the offences against the accused persons, has examined 8 witnesses, marked 8 documents and exhibited 3 Material Objects. Statements under Sec. 164 Cr.P.C. were also obtained from the accused persons. Though case was registered against five persons, during trial, two of them, namely, Dilip Chyrmang and Mut Rakait had expired and therefore, the case against them was abated. All the accused were questioned under Sec. 313 Cr.P.C. and they denied the charges levelled against them. The Trial Court, after analyzing the evidence let in by the prosecution, found the three accused persons guilty of offences and convicted them as stated supra.