UNION TERRITORY OF ARUNACHAL PRADESH Vs. LAA TAGUM (ACCUSED)

JUDGEMENT

(1.) THIS Criminal Hills Reference is under the Assam Frontier (Administration of Justice) Regulations, 1945 from the judgement of the Deputy Commissioner convicting the opposite party under Section 302 I.P.C. sentencing him to imprisonment for life.

(2.) LUMI Tayum (shortly Tayum) of Laa village in Subansiri District of Arunachal Pradesh married Lumi Yari (P.W. 2) of Hipu village paying brides price according to their Miri custom. As destiny would design it, the accused Laa Tagum (shortly, Tagum), a co -villager, developed illicit relationship with Lumi Yari (shortly, Yari) even since sometime after she gave birth to her first child. The case of their illicit relation was heard on three occasions by the Laa Village Council and accordingly three DAPOs were performed first time paying two kahis, two majis and one pig; after one year, for the second time, paying one maji, Rs. 50/ - and one pig; and for the third time, paying one maji, and rupees 50/ -. Meanwhile Yari became mother of three children. Yet Tagum would not give up his illicit relationship with her. In the third mel, the Village Council directed both Yari and Tayum to leave Laa village and go to Hipu village. Accordingly they settled in Hipu village with Yaris brother, wherefrom Tayum went to work as C.P.W.D. labourer at Tamen. On 9 -7 -76 Yari came to her husband for taking home some rice, which the latter purchased, and both slept that night in Beitoluks house where Tayum was staying.

(3.) ON 19 -7 -76 itself Nido Techi (P.W. 1) submitted F.I.R. to Circle Officer, Raga who arrived, arrested Tagum and Yari who were kept tied by the villagers, proceeded to Budi jungle with the doctor, next day to the place of occurrence led by Nido Techi and caused the dead body of Tayum to be exhumed, got it examined by the doctor and handed it over to the relatives. Tagum was charged under Section 302 I.P.C. while Yari was charged under Section 109 I.P.C. Both pleaded not guilty.