SHILLONG, Aug 16: The High Court of Meghalaya has acquitted one Thombor Shadap, who was previously convicted by a trial court in connection with a murder case.
Shadap, who had been sentenced to life imprisonment under Section 302 of the IPC and fined Rs. 10,000, was exonerated after the High Court found insufficient evidence to maintain the conviction.
The trial court had also granted the deceased’s family the right to claim compensation from the State, with the provision that any compensation paid by the State could be recovered from the accused.
Dissatisfied with the judgment and order issued by the Sessions Judge/Addl. Deputy Commissioner (Judicial) of East Jaintia Hills District, Khliehriat, Shadap filed a criminal appeal before the High Court.
The case originated from a complaint filed by one Rimeki Paslein on December 31, 2011, alleging that her husband, Shawas Pymgap, had been beaten to death at Briwar Elaka Nongkhlieh.
Subsequently, the Saipung Police Station had registered a case.
Initially, the case was investigated by Sub-Inspector C. Shylla, who recorded statements from the complainant and two independent witnesses before passing the case to another Sub-Inspector.
Two suspects, Thombor Shadap and Nidamon Chullet, were arrested in connection with the case.
They allegedly admitted to quarreling with Pymgap under the influence of alcohol, but claimed they only learned of his death the following day.
After conducting an inquest and autopsy, the investigation led to the filing of a charge sheet, and the case proceeded to trial.
During the trial, the prosecution presented 11 witnesses and six documents to support the charges against the accused.
The defence, however, did not present any witnesses or documents.
After considering the evidence, the trial court convicted Shadap while acquitting Chullet, citing a lack of incriminating evidence against him.
However, upon reviewing the sequence of events and evidence, the High Court determined that there was reasonable doubt regarding Shadap’s guilt.
The High Court stated that it would be unsafe to uphold the conviction based on the circumstances and extended the benefit of doubt to the appellant.
“In view of the above, the judgment passed by the Sessions Judge/Addl.DC(J), East Jaintia Hills District, Khliehriat is set aside and the appellant is acquitted of the charge. The appellant is set at liberty, in case his detention not required in any other case. The bail bond executed, if any, shall stand cancelled and fine amount, if any paid, shall be refunded to the appellant,” the High Court said.
