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THE HIGH COURT OF MEGHALAYA

TR.P.(CRL). No. 1/2016

Shri Jikham Syrti,

Son of Smti Sbait Syrti,

Resident of Jalaphet, Bri-Sumer Village,

East Jaintia Hills District, Meghalaya

… Petitioner

-Versus-

1.

State of Meghalaya

Represented by the Chief Secretary,

Government of Meghalaya,

Shillong.

2.

Shri. Teibor Pala,

Son of Smti. Violet Pala,

Resident of Sutnga Pohshnong Village,

East Jaintia Hills District, Meghalaya.

3.

Shri. Shining Langstang,

Son of Smti. Sngew Langstang,

Resident of Sutnga Pohshnong Village,

East Jaintia Hills District, Meghalaya.

4.

Shri. Ioomonmi Langstang,

Son of Smti Bimas Langstang

Resident of Sutnga Pohskur Village,

East Jaintia Hills District, Meghalaya.

5.

Shri. Kyrkhu Langstang,

Son of Smti Pala Langstang,

Resident of Sutnga Pohskur Village,

East Jaintia Hills District, Meghalaya.

6.

Shri Sumarbiang Bareh,

Son of (L) Ke Bareh,

Resident of Sutnga Pohshnong Village,

East Jaintia Hills District, Meghalaya.

….Respondents

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BEFORE

THE HON’BLE MR JUSTICE S.R.SEN

For the petitioner

:

Mr. E.Nongbri, Adv.

For the respondents

:

Mr. N.D.Chullai, Sr. GA.

Ms. S.Bhattacharjee, GA.

Ms. S.Pandit, Adv.

Date of hearing

:

29.06.2016

Date of Judgment

:

29 .06.2016

JUDGMENT AND ORDER (ORAL)

Heard Mr. E.Nongbri, learned counsel for the petitioner as

well as Mr. N.D.Chullai, learned Sr. GA, assisted by Ms.

S.Bhattacharjee, GA.

2.

Brief facts of the case in a nutshell is that:

“The factual matrix of the case is that on

22.11.2013 at around 2 Pm, one (Since

deceased and the then Headman of Jalaphet

Village, Bri-Sumer and hereinafter referred to

as the Victim for brevity) and one of his friends

viz. Shri Braceman Gympad were proceeding

from Sutnga side towards Khliehriat in his car

and on reaching Moopala Village, a Gypsy

came from behind dashed and blocked the car

of the Shri Ken Syrti. Subsequently, 5 (five)

unknown persons emerged out of the Gypsy

armed with daos and weapons and attacked

the Victim without any reason whatsoever. As

a result, the Victim was badly injured and was

taken to Woodland Hospital, Shillong for

treatment.

Immediately, the Petitioner being the

nephew of the victim lodged an FIR before

Officer-in_Charge, Khliehriat Police Station and

a case was registered at the Khliehriat Polilce

Station as Khliehriat P.S. Case No. 271 (11)

2013 under Section 307/241/326/34 IPC. But

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sadly,

on

27.11.2013

Shri

Ken

Syrti

succumbed

to

his

injuries

at

Woodland

Hospital, Shillong.

It

was

on

11.03.2014

that

the

Respondents No. 2 to 6 (Accused Persons) got

arrested and on the prayer made by the I/O

they were then remanded to five (5) days Police

Custody. Pursuant to this the I/O had made a

prayer on 13.03.2014 before the learned Court

of the Additional District Magistrate, Khliehriat

for adding an additional section of 302 IPC in

the said case and the same was allowed.

During the course of investigation; the

Police seized several weapons which include

two (2) numbers of Wooden Stick, one (1) local

Dao with wooden handle rounded with silver

colour coil from the 5 (five) Accused Persons.

After the expiry of five days of police custody

the Respondents were again remanded to 14

days of Judicial Custody vide Order dated

14.03.2014. The Case was then charged

sheeted on the 25.03.2014 and registered as

GR Case No. 305 of 2013. Thereafter, on

01.04.2014,

bail

was

granted

to

the

Respondents No. 2 to 6.

The humble Petitioner feels it is apt to

bring to the attention of this Hon’ble Court of

the fact that even though the Investigation

Officer had sought for five days of Police

Custody for the Respondents No. 2 to 6; yet

surprisingly they were detained only for a

period of 2 (two) days after which they were

ta