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2017 Supreme(Gau) 1227

IN THE HIGH COURT OF GAUHATI
SONGKHUPCHUNG SERTO, J.
MS. ROSEMARY ALIAS DZUVICHU - Appellant
Versus
STATE OF NAGALAND - Respondent
Writ Petition (C) No. 228 of 2009
Decided on : 01-11-2017

Headnote:

Indian Panel Code - Section 192/193/194/199/211 – Murder – Injury – Evidence - This supports circumstantial evidence and his own statement that soon after darkness he took his father to village and murdered him - Doctors who conducted autopsy have been asked to give exact time of murder and their reply is still awaited – Held, It is most likely that family members of a person murdered under such circumstances because of mental trauma they were going through and out of emotional outburst would have said and done which are alleged in G.R. case - But it is most unlikely that they have said and done such things with malicious intention - Petition dismissed

ORDER :

S. SERTO, J.

1. This is a writ petition praying for issuance of a direction directing the respondents to conduct further investigation in the murder case of late L.D. Vincent which was registered as Diphupar Police Station Case No. 50/2007, and for issuance of appropriate writ quashing the proceeding of Criminal Misc Case No. 271/07, arising out of G.R. Case No. 326/2007, under section 192/193/194/199/211 of IPC pending before the Court of Additional Deputy Commissioner, (Judicial), Dimapur, Nagaland, in so far as it relates to the petitioner.

2. The brief facts leading to the filing of the present petition are as follows;

On 20-6-2007 at about 23:30 hrs. a telephonic information was received at Diphupar Police Station that a dead body was seen lying at Chumukedima area. On receipt of the information an entry was made in the General Diary (G.D.) of the Diphupar Police Station, being Entry No. 246/07. Thereafter, Assistant Sub-Inspector, Mr. Kevi along with other Police personnel were deputed to the spot to conduct inquest over the dead body. The Police team found the dead body of late L.D. Vincent lying on the side of the road leading to Chumukedima village gate with multiple cuts on the face, neck and chest suspected to have been inflicted with sharp weapons. They also found some personal items of the deceased like watch, wallet and driving license. The Police also found large pool of blood with big chunks of clotting at a spot on the same road but about 100 ft. away from the dead body. After the inquest and spot inquiry were completed the dead body was taken to the Police Station and from there to the Civil Hospital morgue for identification and post-mortem. A written FIR was lodged by one THS Samapangi AO and the same was registered by Officer-in-Charge of Diphupar Police as Diphupar PS Case No. 50/2007, under Section 302/34 of IPC. Considering the seriousness of the crime a Senior Police Officer namely, Mr. Nesupra Kezo, SDPO, Dimapur, was entrusted with the investigation. In the course of the investigation, Mr. Bendang Temsu alias Khriekethozo one of the sons of the deceased/victim was brought to the Police Station by his relatives. When he was confronted with the facts and circumstances of his father-s death, he stated that it was the present wife of his late father, Mrs. Baby who hatched the conspiracy to murder his father. He also stated that according to her plan he took his father to the appointed location at Chumukedima village gate between 6:00 to 7:00 p.m. of 20th June, 2007. And when they reached the place his step-mother Mrs. Baby made a call to his father by which he understood that it was the signal or indication from his step-mother that some people she had engaged for the purpose will come in a white Maruti car at the appointed place. Accordingly, he took his father to the said place and when they reached he saw a white Maruti car. He immediately stopped there and told his father that they are his friends and asked him to meet them. When they got down three unidentified persons came out from the car and without uttering a word hacked his father to death. However, he could not identify the killers nor the community to which they belonged to as his step-mother never disclosed the same to him.

Because of the above statement of the accused Mr. Bendang, his step-mother Mrs. Baby was summoned for questioning through Superintendent of Police, Kohima, and she was brought to the Police Station in the same afternoon. However, on seeing her Bendang suddenly changed his statement and admitted that it was him alone who had murdered his father. Because of the seriousness of the crime and the intricacy that is likely to be involved in unearthing the truth about it a SIT consisting of Senior Police Officers namely, Mr. Vilhousie Peseyie, Addl. S.P. Dimapur, Inspector Akum, O.C. Sub-Urban P.S., Inspector T. Mere, Circle Inspector DEF, Dimapur, and Inspector Biren Lotha, 2nd O.C. Diphupar P.S. was constituted on 18-7-2007.































































































































































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