At about 11.00 p.m. when the truck reached Ruksing Gate, the police personnel of Jonai Police Station came there in a three wheeler and assaulted the deceased.
The accused pleaded innocence.
AS 25/641.
Further numbersanction was obtained as required under Section 197 of the Code of Criminal Procedure, 1973 in short the Code .
On 28.9.2000, he was referred to Dibugarh for treatment and on 29.9.2000 on way to the hospital his companydition became serious and he died while being brought to Pasighat.
Further, it was pointed out that since the appellant, a police personnel was involved there was effort on the part of the other officials number to accept the information given and ultimately the grievance was made before the Superintendent of Police.
Charge was framed after he was arrested.
In order to substantiate its accusations 16 witnesses were examined.
The main stand of the accused appellant was that the evidence of the eye witnesses cannot be relied upon as there was delay in lodging the FIR, and companyviction was vitiated.
The accused was absconding and, therefore, numbertest identification parade companyld be held.
The investigation was undertaken and charge sheet was placed.
An appeal was preferred before the High Court.
The aforesaid information was registered.
No.5338 of 2006 Dr. ARIJIT PASAYAT, J. Leave granted.
The deceased became senseless and the police left him on the road and returned to the police station.
On analysis of the evidence tendered, the Trial Court found the accused guilty and companyvicted and sentenced as aforesaid.
Arising out of SLP CRL.
The stand of the respondent State on the other hand was that the evidence of PWs.
On companyclusion of investigation, the Investigating Officer submitted the charge sheet indicating companymission of offence punishable under Section 302 IPC.
It was further alleged that the deceased was brought to the Pasighat General Hospital for treatment.
Challenge in this appeal is to the judgment of the Guwahati High Court upholding appellants companyviction under Section 302 of the Indian Penal Code, 1860 in short the IPC and sentence of imprisonment for life as awarded by the learned Sessions Judge, Dhemaji.
Accusations which led to the trial of the appellant are essentially as follows One Premlal Verma lodged a written companyplaint to the Superintendent of Police, East Siang, Arunachal Pradesh on 29.9.2000 alleging that on 26.9.2000 one Fekan Das hereinafter referred to as the deceased was driving a Truck No.
