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2014 Supreme(Megh) 6
MEGHALAYA HIGH COURT
Prafulla C. Pant, J.
State of Meghalaya - Appellant
Versus
Rockystar B. Sangma and Shri Beluram Sangma - Respondent
Criminal Appeal No. 4 of 2011
Decided On : 04-02-2014
For the Appellant :Shri S. Sen Gupta, Advocate
For the Respondents:Shri S. Dey, Advocate
The prosecution must prove the accused's guilt beyond reasonable doubt to establish a charge under Section 302 IPC.
Headnote:
Section 302 IPC - Criminal Procedure - [302, 378, 326, 34] - The court acquitted the accused of the charge of offence punishable under Section 302 IPC. The judgment discussed the evidence presented by various witnesses and the findings of the trial court, ultimately concluding that the charge under Section 302 read with Section 34 IPC was not proved beyond reasonable doubt.
Fact of the Case:
The case involved a group fight resulting in the death of Santosh Dorjee. The prosecution failed to prove the charge against the accused beyond reasonable doubt, leading to their acquittal.
Finding of the Court:
The court found that the prosecution failed to establish the accused's guilt beyond reasonable doubt and acquitted them of the charge.
Issues: The main issue was whether the accused were responsible for the death of Santosh Dorjee and whether the charge under Section 302 read with Section 34 IPC was proved beyond reasonable doubt.
Ratio Decidendi: The court re-evaluated the evidence presented by various witnesses and found that the prosecution failed to prove the accused's guilt beyond reasonable doubt.
Final Decision: The appeal was dismissed, and the court upheld the trial court's decision to acquit the accused.
Judgment
Prafulla C. Pant, C.J.Heard. This appeal, preferred under Section 378 of Code of Criminal Procedure 1973 is directed against the judgment and order dated 21.09.2011 passed by the learned District & Sessions Judge, Shillong in Sessions Case No. 7/2010, whereby said Court has acquitted the accused/respondents Rockystar B. Sangma and Beluram Sangma from the charge of offence punishable under Section 302 IPC.
2. Heard learned counsel for the parties and perused the lower Court record.
3. Prosecution story in brief is that on 20.01.2009 at about 9:30 PM a group fight said to have taken place at 4th Furlong, Shillong. On receiving the telephonic information, PW 6 Sub-Inspector C.M. Ranee along with PW 5 Sub-Inspector K.P. Singh went to the spot where they found a Tata Sumo vehicle bearing Registration No. ML-05-D-9434 parked on the roadside, and a person was lying unconscious by the side of the road. Another person who was standing there disclosed his name as Kishan Dorjee (not examined) who stated that the person lying by the side of the road is his brother Santosh Dorjee (deceased). It appears that Santosh Dorjee was taken in a vehicle to Civil Hospital, Shillong from where he was taken to Woodland Hospital for further treatment. Meanwhile, First Information Report was lodged on 21.01.2009 at Sadar Police Station, Shillong where Case No. 10(1) 2009 relating to offence punishable under Section326/34 IPC were registered. During the investigation of said crime, injured Santosh Dorjee died in Woodland Hospital on 21.01.2009. As such offence punishable under Sections 302/34 IPC was added to Sections326/34 IPC. On completion of investigation, the Investigating Officer (PW 6 Sub-Inspector C.M. Ranee) filed charge-sheet against the accused/respondents Rockystar B. Sangma and Beluram Sangma as they were identified correctly by Kishan Dorjee in the Test Identification Parade (for short TIP) during the investigation.
4. The Chief Judicial Magistrate, Shillong committed the case to the Court of Sessions for trial after giving necessary copies to the two accused/respondents Rockystar B. Sangma and Beluram Sangma.
5. The trial court, after hearing the parties on 10.12.2010 framed charge of offence punishable under Section 302 read with Section 34 IPC against the two accused/respondents (present respondents) namely, Rockystar B. Sangma and Beluram Sangma, who pleaded not guilty and claimed to be tried.
6. On this prosecution got examined PW 1 Dr. B. Kharkongor (who conducted the postmortem examination on the dead body of the deceased), PW 2 Ranjit Singh Rumnong (an eye witness who did not name the present accused/respondents), PW 3 Ramu Narayan Swett, scribe of the First Information Report, PW 4 Syam Mang Pang (an eye witness, who also did not identify the accused/respondents), PW 5 Sub-Inspector KP Singh, who took the victim to the hospital, PW 6 Sub-Inspector C.M. Ranee, who investigated the crime and PW 7 Smti. M.B. Challam, Chief Judicial Magistrate, who conducted the Test Identification Parade (for short TIP).
7. The trial court after hearing the parties found that the prosecution has failed to prove the charge against the accused/respondents Rockystar B. Sangma and Beluram Sangma beyond reasonable doubt and acquitted them of the charge. Consequently, this appeal has been filed by the State of Meghalaya, which was admitted after the leave was granted vide order dated 02.02.2012 in Criminal Misc. Case No. 55 of 2011.
8. Before further discussion, this Court think it just and proper to mention ante mortem injuries found by PW 1 Dr. B Kharkongor, who prepared the autopsy report Ext. 1. A fracture on right temporal bone, is recorded by the Medical Officer in the report. He has also found hematoma in right fronto tempero parietal area. PW 1 Dr. B. Kharkongor opined in the autopsy report that the cause of death of the deceased was shock and haemorrhage as a result of head injury caused by a blunt object. From the evidence of aforesaid Medical Of
