2018 Tezu Police Station Lynching Case | Gauhati High Court Sets Aside Discharge Of Accused, Directs Framing Of Murder Charges

While allowing a criminal petition filed by the State challenging the trial court's order discharging six respondents accused of dragging two rape-and-murder suspects out of the Tezu Police Station in Arunachal Pradesh in 2018 and lynching them in public, the Gauhati High Court has held that the material collected during investigation created grave suspicion against the accused and therefore required a full trial on the charges, including conspiracy, obstructing public servants, and murder.The ruling was delivered by Justice Pranjal Das, who observed, “In the instant case, in my considered opinion, the grave suspicion test is satisfied in favor of the prosecution, rather than that of the accused. The materials revealed by the investigation constitute sufficient grounds to proceed against the respondents/accused for these penal provisions also, including section 302 IPC. Whether the involvement of the respondents/accused in these offenses is actually proved or not, would be a matter of evidence during the trial and its appreciation by the trial court.”Further, the Court stated, “However, at this stage, there are materials revealed by the investigation which raises triable issues and are materials of a nature where it would be justified to allow the prosecution to adduce evidence in support thereof. To put it alternatively, it can be said that on the basis of the materials revealed by the investigation, it would not be justified – to not even proceed against the respondents/accused persons with regard to these penal provisions.”The decision was passed in a criminal petition, assailing the order in a Sessions Case, where the trial court had framed limited charges relating to unlawful assembly and destruction of property, but declined to frame charges of murder, criminal conspiracy, and preventing police officers from discharging their duties.As per the factual matrix of the court, the lynching took place a day after two men were arrested on allegations of raping and murdering a five year old girl. A large crowd forcibly entered Tezu Police Station, overpowered the police personnel on duty, took custody of the two undertrial prisoners and lynched them. Their bodies were later burnt in public. Investigation was subsequently handed over to a Special Investigation Team (SIT), which relied on call detail records, location analysis, witness statements, and materials seized during investigation to link the present respondents to meetings prior to the incident, the attack on the station, and the public killing.The State argued that the SIT materials indicated coordinated participation and a common objective behind the act of lynching. The respondents contended that they had no direct role in the killing and were present only as part of the crowd.After examining the case diary and the charge-sheet, the High Court noted that it was “unable to hold that there is no grave suspicion against the respondents/accused – that besides being member of the unlawful assembly, they also shared the common object of such assembly of vandalizing the police station and killing the accused UTPs.”The Court further noted, “The materials revealed by the investigation would not justify discharging the respondents/accused persons – of the offense of conspiracy; preventing or obstructing public servant on duty from discharging their duties; committing the murder of the two UTPs which were in the police lockup in connection with the case of rape and murder of the minor girl.”Concluding, the Court held that the trial court's refusal to frame the major charges suffered from infirmity and directed, “Accordingly, the learned trial court shall frame additional charges against the respondents/accused under sections 120(B)/452/353/302 IPC, in addition to the charges already framed, and thereby proceed with the trial.”Resultantly, the criminal petition filed by the State was allowed and disposed of.Case Title: The State of Arunachal Pradesh vs. Legam Takaliang & Ors.Citation: 2025 LiveLaw (Gau) 65Case Number: Crl. Petn. No. 118/2022Click here to read the judgment

2018 Tezu Police Station Lynching Case | Gauhati High Court Sets Aside Discharge Of Accused, Directs Framing Of Murder Charges

Bhavya Singh

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