The court held that sudden provocation by the deceased mitigated the appellant's culpability, leading to a conviction under Part II of Section 304 of the IPC instead of Part I.

JUDGMENT :

N. UNNI KRISHNAN NAIR, J.

Heard Ms. Jaya Doji, learned legal aid counsel, appearing on behalf of the appellant/convict. Also heard Ms. Laxmi Hage, learned Addl. P.P., appearing on behalf of the respondent State of Arunachal Pradesh.

2. The instant criminal appeal preferred by the appellant, herein, from jail, is directed against the judgment and order, dated 07-11-2022, passed by the learned Sessions Judge, Pasighat, in PSG Sessions Case No. 91/2020, convicting the appellant, herein, under Part I of Section 304 of the INDIAN PENAL CODE and sentencing him to undergo imprisonment for a period of 10(ten) years with a fine of Rs. 10,000/-, and in default to pay the fine, further sentencing the appellant to undergo imprisonment for a term of 1(one) year.

3. The prosecution case as unfolded during the trial is that on 13-06- 2020, a telephonic information was received by the police of Pasighat Police Station from one Kamin Darang at about 15.32 hours, alleging that his brother-in-law Shri Pitor Ngupok(appellant, herein) had killed Gori Ngopuk in his farmhouse on that day at around 13.20 hours. The police on receiving the said information, proceeded to the site of the crime and after completion of the requisite formalities, including inquest over the dead body; the dead body of the deceased was evacuated to Bakin Pertin General Hospital, Pasighat and kept at the mortuary. Thereafter, a formal written complaint was received at the Pasighat Police Station, and accordingly, on receipt thereof, the police registered the same as Pasighat Police Station Case No. 91/2020 under section 302 of the INDIAN PENAL CODE .

4. On completion of the investigation, the investigating officer had submitted charge-sheet against the appellant, herein, under section 302 of the INDIAN PENAL CODE . On the case being committed to the Court of the learned Sessions Judge, East Siang District, Pasighat, a hearing for framing of charge was held on 23-02-2021. The charge on being read over and explained to the appellant, herein, he pleaded guilty to the same and stated that the deceased did not care and listen to what he told her and did not cook food properly which made him irritating and he had punched her and pressed her neck due to which she later on, died. The appellant, herein, however, clarified that he had no intention to kill her.

5. Although the appellant, herein, had pleaded guilty, however, for the ends of justice, the learned trial Court directed that the trial of the case shall proceed to prove the offence alleged against the appellant. The prosecution during the trial, examined as many as 9(nine) witnesses

6. PW-1, Shri Kamin Darang, the informant, herein, had identified the appellant as the accused and stated that he was his brother-in-law. The PW-1 had deposed that his wife viz. Smti. Tongki Ngupok, received an information from one of his labourers that the appellant was assaulting the deceased, Late Gori Ngupok, at Mariyom(Berung). The PW-1 had also deposed that Gori's husband was in jail at that point of time and on request, she was allowed to stay in his agricultural field house i.e. at Mariyom along with her two children. appellant Pitor Ngupok was also contended to have been staying in his agricultural field but in a separate house. On receipt of the information, it was further depose