ALAN FAMHOITE Vs. OFFICER-IN-CHARGE OF THE CHURACHANDPUR POLICE STATION

JUDGEMENT

(1.) This petition has been filed by the petitioner under Sec. 439 Cr.P.C. praying to enlarge him on bail in connection with FIR No.66(05)2022 under Sec. 302 IPC on the file of Churachandpur Police Station.

(2.) The case of the prosecution is that on 4/5/2022, the Officer-in-Charge of Churachandpur Police Station received a written complaint from Thanglawr of Muonlhlum, Rengkai Village, Churachandpur stating that on 20/12/2021 at around 7.00 a.m., his son Vanramlal was assaulted by the petitioner and four unknown associates at a culvert in Edenthar, Rengkai near the residence of the petitioner at District Hospital, Churachandpur. However, his son was declared brought dead by the concerned Medical Officer on duty. Further, without performing any police formalities, the petitioner engaged one ambulance and dropped the dead body of his son at his residence. He has been threatened by the petitioner not to make any complaint to the police. The petitioner being S/s Defence Secretary of Hmar Peoples Convention (D), GHQ (HPC), he did not made any report to the police and conducted the funeral at Rengkai Cemetery on the date. Hence, there is a delay in lodging the complaint. Upon receipt of the complaint, the Officer-in-Charge of the Churachandpur Police Station registered an FIR bearing No.66(05)2022 under Sec. 302/34 IPC against the petitioner.

(3.) Mr. Serto T. Kom, the learned counsel for the petitioner submitted that the present FIR has been registered based on hearsay received by the complainant against the petitioner, wherein the complainant himself stated that he was informed by his wife who was called upon by one Willam Hrangate through phone that their son and his friend were beaten by the petitioner at a culvert in Edenthar without any proof. He would submit that there is no material to prove the allegation against the petitioner and that the petitioner is innocent and he has been falsely implicated in this case.