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HIGH COURT OF MEGHALAYA
Mr. Justice S. Vaidyanathan, CJ, Mr. Justice W. Diengdoh, J
PHOT KHAII – Appellant
Versus
THE STATE OF MEGHALAYA AND 2 ORS. – Respondent
JUDGMENT
(Made by Hon’ble, the Chief Justice)
The Appellant, who is an accused in Sessions CaseNo.68 of 2021 on the file of the Sessions Judge/Addl DC (Judicial), East Jaintia Hills District, Khliehriat, was convicted by the Trial Court for the offence under Section 302IPC as follows:
| Sl.No. | Offence | Conviction and Sentence |
| 1. | Section 302 IPC | To undergo Rigorous Life Imprisonment with a fine of Rs.50,000/-in default to undergo Simple Imprisonment for 5 months and the fine amount shall be paid to the complainant/son of the deceased. |
The Trial Court held that the convict is entitled to the benefit of Section 428 Cr.P.C. and the period already undergone in prison was ordered to be set off. Aggrieved by the order of the Sessions Judge/Addl DC (Judicial), East Jaintia Hills District, Khliehriat, dated 07.11.2023, the Appellant has preferred this Criminal Appeal before this Court.
2. The case of the prosecution in brief is that based on the complaint dated 16.05.2002 given by one Shri Pdianghun Dkhar, who is the son of the deceased, that his father Oli Siangshai was murdered by the appellant, a case in Khliehriat PS Case No.27(5) 2002 under Section 302 IPC came to be registered. According to the pr
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