JUDGMENT :

MOHAN M. SHANTANAGOUDAR, J.

1. The Respondent herein, a member of the Khasi Scheduled Tribe, was being tried for the offences punishable under Sections 302 and 201 of the Indian Penal Code (‘IPC’) before the Sessions Judge, Nongstoin, West Khasi Hills District. Briefly, the case set up by the prosecution is that a dead body was found lying on the Nondein river bank on 26.03.2017, pursuant to which the Officer in Charge of Police Station, Nongstoin (‘Complainant’) was informed and an FIR was registered by him. Upon investigation, the identity of the deceased person was known, who was also found to be a member of the Khasi Scheduled Tribe. With the use of a SIM card recovered from her body, the last calls made using her number were traced to the Respondent herein (accused). Consequently, the accused was arrested and he voluntarily lead the police to the spot where he had buried the dead body. On 31.08.2017, a chargesheet was filed against him under Sections 302 and 201, IPC. On 08.11.2017, the case was committed for trial to the Court of the Sessions Judge, Nongstoin, West Khasi Hills District and the accused was summoned to appear before it.

However, on the basis that the pa