JUDGMENT :

Suman Shyam, J.

Both these appeals arise out of judgment dated 20.07.2020 passed by the learned District & Sessions Judge, Khonsa in Sessions Case No.04/2019 and therefore, are being taken up together for disposal by this common order.

2. We have heard Mr. S.D. Purkayastha, learned counsel for the appellant in Criminal Appeal No.97/2021 and Mr. B. M. Choudhury, learned counsel appearing for the appellant in Criminal Appeal No.194/2020. We have also heard Mr. N.N.B. Choudhury, learned Public Prosecutor, State of Arunachal Pradesh appearing for the State/respondent No.1. Mr. Azad Ahmed, learned counsel has appeared on behalf of the informant/respondent No.2 in both these appeals.

3. The prosecution case, briefly stated, is to the effect that the victim Anwar Uddin had a mobile phone shop at the Longding Market. Initially, the shop of Anwar Uddin was situated towards the lower side of the market but since his mobile phone business did not pick up well at that location, hence, he had shifted his shop “P. K. Mobile” to the Longding market, by the side of the electronic shop run by appellant Nipen Das @ Kala. The re-location of the mobile phone shop of Anwar Uddin did not go down well with his competitor Nipen Das as a result of which, a business rivalry had cropped up in between appellant Nipen Das @ Kala and the victim Anwar Uddin. In order to silence his business rival, Nipen Das had conspired to eliminate Anwar Uddin and accordingly, he had hired appellant Ahon Wangsa to kill Anwar Uddin. On 03.02.2019, Nipen Das had asked Ahon Wangsa to cut Anwar Uddin with a ‘dao’ and kill him but when Ahon Wangsa expressed his inability to do so, Nipen Das had handed over a jug of acid to Ahon Wangsa, who then went to the shop of Anwar Uddin and threw the acid on the face of Anwar Uddin causing grievous injury to him while six other persons including some of the customers present in the shop had also received injury due to acid burns. Nipen Das had promised to pay a sum of Rs.10,000/- to Ahon Wangsa for throwing acid on Anwar Uddin.

4. On 03.02.2019, Shri Sahnaj Hussain i.e. the brother of the victim, had lodged an ejahar before the Officer-in-Charge of Longding Police Station reporting the incident. In the ejahar, it was mentioned that around 17:43 hours on that day, an unknown miscreant suddenly came to “P. K. Mobile Shop” located at the Main Tiniali, Longding and threw acid from a jug on the face of his elder brother Md. Anwar Uddin. Six other persons present in the shop had also been sprinkled with acid. Based on the ejahar dated 03.02.2019, Longding Police Station Case No.07/2019 was registered under section 326(A) of the Indian Penal Code (IPC) and the matter was taken up for investigation. During the course of investigation, police had recorded the statement of the witnesses and had also got the confessional statement of accused Ahon Wangsa recorded by the Judicial Magistrate First Class (J.M.F.C.). The statement of witness Manai Wangsa was also recorded by the Magistrate. On completion of investigation, charge-sheet was submitted under sections 120B/326(A) of the IPC against three accused persons viz., Nipen Das @ Kala, Ahon Wangsa and Puman Wangnow.

5. As it was a case triable by the Sessions Court, the matter was committed to the Court of District & Sessions Judge, Longding at Khonsa. The learned trial court had framed charges against the accused persons under sections 120(B)/326-A read with section 34 of the IPC. The accused persons were accordingly, subjected to trial.

6. During trial, the prosecution side had examined as many as 10 witnesses. That apart, the Judicial Magistrate First Class, Longding, who had recorded the statement of the accused Ahon Wangsa under section 164 Cr.P.C. was also examined as CW-1. After recording the evidence of the prosecution side, the statement of the accused persons were recorded under section 313 of the Cr.P.C. wherein they had generally refused to comment on the incriminating materials place