ORDER : S. SERTO, J. 1. This is a writ petition praying for issuance of a direction directing the respondents to conduct further investigation in the murder case of late L.D. Vincent which was registered as Diphupar Police Station Case No. 50/2007, and for issuance of appropriate writ quashing the proceeding of Criminal Misc Case No. 271/07, arising out of G.R. Case No. 326/2007, under section 192/193/194/199/211 of IPC pending before the Court of Additional Deputy Commissioner, (Judicial), Dimapur, Nagaland, in so far as it relates to the petitioner. 2. The brief facts leading to the filing of the present petition are as follows; On 20-6-2007 at about 23:30 hrs. a telephonic information was received at Diphupar Police Station that a dead body was seen lying at Chumukedima area. On receipt of the information an entry was made in the General Diary (G.D.) of the Diphupar Police Station, being Entry No. 246/07. Thereafter, Assistant Sub-Inspector, Mr. Kevi along with other Police personnel were deputed to the spot to conduct inquest over the dead body. The Police team found the dead body of late L.D. Vincent lying on the side of the road leading to Chumukedima village gate with multiple cuts on the face, neck and chest suspected to have been inflicted with sharp weapons. They also found some personal items of the deceased like watch, wallet and driving license. The Police also found large pool of blood with big chunks of clotting at a spot on the same road but about 100 ft. away from the dead body. After the inquest and spot inquiry were completed the dead body was taken to the Police Station and from there to the Civil Hospital morgue for identification and post-mortem. A written FIR was lodged by one THS Samapangi AO and the same was registered by Officer-in-Charge of Diphupar Police as Diphupar PS Case No. 50/2007, under Section 302/34 of IPC. Considering the seriousness of the crime a Senior Police Officer namely, Mr. Nesupra Kezo, SDPO, Dimapur, was entrusted with the investigation. In the course of the investigation, Mr. Bendang Temsu alias Khriekethozo one of the sons of the deceased/victim was brought to the Police Station by his relatives. When he was confronted with the facts and circumstances of his father-s death, he stated that it was the present wife of his late father, Mrs. In the course of the investigation, Mr. Bendang Temsu alias Khriekethozo one of the sons of the deceased/victim was brought to the Police Station by his relatives. When he was confronted with the facts and circumstances of his father-s death, he stated that it was the present wife of his late father, Mrs. Baby who hatched the conspiracy to murder his father. He also stated that according to her plan he took his father to the appointed location at Chumukedima village gate between 6:00 to 7:00 p.m. of 20th June, 2007. And when they reached the place his step-mother Mrs. Baby made a call to his father by which he understood that it was the signal or indication from his step-mother that some people she had engaged for the purpose will come in a white Maruti car at the appointed place. Accordingly, he took his father to the said place and when they reached he saw a white Maruti car. He immediately stopped there and told his father that they are his friends and asked him to meet them. When they got down three unidentified persons came out from the car and without uttering a word hacked his father to death. However, he could not identify the killers nor the community to which they belonged to as his step-mother never disclosed the same to him. Because of the above statement of the accused Mr. Bendang, his step-mother Mrs. Baby was summoned for questioning through Superintendent of Police, Kohima, and she was brought to the Police Station in the same afternoon. However, on seeing her Bendang suddenly changed his statement and admitted that it was him alone who had murdered his father. Because of the seriousness of the crime and the intricacy that is likely to be involved in unearthing the truth about it a SIT consisting of Senior Police Officers namely, Mr. Vilhousie Peseyie, Addl. S.P. Dimapur, Inspector Akum, O.C. Sub-Urban P.S., Inspector T. Mere, Circle Inspector DEF, Dimapur, and Inspector Biren Lotha, 2nd O.C. Diphupar P.S. was constituted on 18-7-2007. The SIT investigated the case using both usual/normal and scientific methods including polygraph examination of the accused and his step-mother Mrs. Baby and narco analysis of the accused/convict. In the process of the investigation, the accused Bendang made a confessional statement before a Judicial Magistrate, 1st Class, Dimapur, on 19-8-2007 and thereafter, he was tried. The SIT investigated the case using both usual/normal and scientific methods including polygraph examination of the accused and his step-mother Mrs. Baby and narco analysis of the accused/convict. In the process of the investigation, the accused Bendang made a confessional statement before a Judicial Magistrate, 1st Class, Dimapur, on 19-8-2007 and thereafter, he was tried. During the trial he admitted to his guilt, therefore, he was held guilty of the crime and was sentenced to life imprisonment. The confessional statement of Bendang is reproduced here below:- 'The confessional statement of accused Bendangtemsu alias Khrieketozo recorded on 9-8-2017, 1:30p.m. in connection with Diphupar P.S. Case No. 50/07 under section 302/34 IPC GR. Case No. 326/2007. My name is Bendangtemsu alias Khrieketouzo. I am 27 years old; my fathers name is late L. D. Vincent. I am single. I am the manager of a hotel Little Cafe at Chumukedima, Dimapur. My home is at Kohima village and at present, I am residing at Chumukedima, Dimapur. It was on 19th June, 2007 a thought came to my mind to kill my own father. At that time my father was at Kohima with the family. I wanted to bring him down to Dimapur on the pretext that there is land dispute at New Chumukedima village-B and also about the maid servant which he told to find one for him and kill him here in Dimapur. The reason why I wanted to kill my father is because I want the Santro car and also to inherit other properties belonging to my father. So I asked Rs. 10,000/- (ten thousand) only from my girlfriend Thejanuo and left for Kohima in the afternoon on the same day. On reaching Kohima I informed about the matter to my father as my father was also about to go down to Dimapur to drop two of my brothers who were on vacation. The next morning i.e. 20-6-07. We came down to Dimapur together. On the way, we stopped at Chumukedima and inspected the land at New Chumukedima. Thereafter, we proceeded towards Dimapur to drop two brothers at Fellowship Colony. After dropping the two younger brothers, I suggested my father to get some drinks. We two-were alone in my father-s car and we went to Khatkhati, Assam and brought one beer case for me and a bottle of whisky for my father. I wanted to kill when he got drunk. After dropping the two younger brothers, I suggested my father to get some drinks. We two-were alone in my father-s car and we went to Khatkhati, Assam and brought one beer case for me and a bottle of whisky for my father. I wanted to kill when he got drunk. So I proposed to have it there itself. But my father refused to have it there and he rather wanted to have it at home. From there we went to the New Market and purchased 2 kgs. of mutton and some vegetables for taking it to Kohima and proceeded to Chumukedima. On the pretension of finding a maid servant for him. I took my father to the field area (jungle) at Chumukedima village at around 3:30 p.m. in the evening. On the way, I collected a dao from my hotel. My father objected but I just told him since we are going to the jungle we need it. My only idea was to mislead my father and find an isolated place where I can kill him without anybody knowledge. Actually I did not have any contact with any one there for maid servant. I wanted to take him to more remote area/isolated place, but our vehicle could not go in the kaccha road anymore. So we kept our vehicle at a certain place and went walking for some distance. It was around 6 to 6:30 p.m. and was getting dark and no person was around. So I attacked my father on his head and neck with the help of the dao which I brought and he fell down and died instantly. I took out the key of the vehicle and mobile phone from his pocket and left the place by driving the vehicle from the place where we kept. I went to the Chathe river and threw the dao into the river below the bridge. I also removed my blood stained T-shirt and threw it into the same river. Thereafter, I was thinking if the dead body is kept there anybody can find out so easily. So I went to my girlfriend place and asked for one gunny bag and a bed sheet telling her that I had to pack something and take it to Kohima and she got the same for me. Thereafter, I was thinking if the dead body is kept there anybody can find out so easily. So I went to my girlfriend place and asked for one gunny bag and a bed sheet telling her that I had to pack something and take it to Kohima and she got the same for me. I went back to the spot where I kept the dead body of my father, took out the bed sheet and wrapped the dead body, I started dragging it but I could not put in the car. So I returned back the dead body to the same spot where it was lying and left there. Actually, I wanted to remove it from there and throw it some other place where no one could find out. After leaving the spot, I went straight to Athonuo place of 6th mile and I took bath and had my food there. I concocted a story about my father and told Athonou that we came down from Kohima that morning but where about of my father is not known. So I asked her to come with me to my stepmother Asen's place at Fellowship colony, she agreed and we went to my step-mother's place and informed about the matter to which she casually said he must be with his friends place drinking. Thereafter, Athonuo and I came back to 6th mile and slept there. Next morning i.e. 21-6-2007, I received a phone call from my aunty from Kohima telling me that the I. D. card and purse of my father have been found by the police and she asked me to find it out in which police station it were there. So I went straight to the Diphupar Police Station and found the same. I told police the same concocted story only. Police also told me that the dead body was in Civil Hospital Morgue. I went there and found my father's dead body lying there at the morgue. I left Kohima with my fathers dead body on that day. All my relatives suspected me and on the next day i.e. 22-6-07 they arrested me and brought me down to Dimapur and handed me over to the East P.S. Dimapur. No other person/persons involved in this case, I alone plotted to execute my father by falling prey to the temptation to have my fathers property. All my relatives suspected me and on the next day i.e. 22-6-07 they arrested me and brought me down to Dimapur and handed me over to the East P.S. Dimapur. No other person/persons involved in this case, I alone plotted to execute my father by falling prey to the temptation to have my fathers property. I also did not have any misunderstanding/enmity with my father before. I have explained to Bendangtemsu alias Khrieketouzo that he is not bound to make confession and that if he does so any confession he may make may be used as evidence against him and I believe that this confession was voluntarily made. It was taken in my presence and hearing and was read over to the person making it and admitted by him to be true, and it contains a full and true account of the statement made by him. Sd/- Shri N. Kano, (Judl.) Magistrate 1st Class, Dimapur'. 3. As stated the accused Bendang was tried and found guilty by the learned Sessions Judge, Dimapur, and sentenced him to life imprisonment. The relevant and operative portions of the judgment are given here below :- 'Accused Bendangtemsu alias Khrieketozu produced from judicial custody. Mr. M.S.U. Laskar and Associates, Advocates Amicus Curia to the case. Shri Akum, learned Addl. P.P. for the State. The accused namely, Bendantemsu alias Khrieketozu is the eldest son of the deceased late L.D. Vincent from his first wife. The prosecution story in brief is that on 20-6-07 at about 2330 hours THC Samapangi AO saw a dead body lying 80 ft. below the road at Chumukedima area who informed and subsequently lodged an FIR to that effect in the Diphupar Police Station. The Diphupar PS registered a case vide DPR PS case No. 50/07 under section 302, IPC. Immediately the police officials went to the place of occurrence and took over the dead body and on searching, found the deceased wearing a white shirt, blue Bermuda trouser, a Sonata watch, a wallet containing of Rs. 1,435/- and a driving license in the name of L.D. Vincent. Thus the identity of the deceased was established as that of L.D. Vincent of Kohima. The deceased was thereafter shifted to the Dimapur Civil Hospital for post-mortem. 1,435/- and a driving license in the name of L.D. Vincent. Thus the identity of the deceased was established as that of L.D. Vincent of Kohima. The deceased was thereafter shifted to the Dimapur Civil Hospital for post-mortem. The post-mortem report revealed multiple cuts over forehead, right upper neck extending to left forehead, left cheek, two pierce marks over chest and abrasion over lower chest with multiple fracture of LL maxillary bone. The doctors opinion as to cause of death was due to multiple grievous injuries caused by sharp weapon. Initially the case was endorsed to S.L. Makok of Diphupar PS, Dimapur for investigation, however considering the seriousness and sensitivity of the case it was re-endorsed to Shri. Vesupra Kezo, SDPO, Dimapur. Later, a SIT led by Additional SP, Dimapur Shri. Vilhousie Peseyie, was constituted to investigate the case which includes the investigation into the conspiracy aspect to the murder of the deceased. The SIT conducted thorough search of the place of occurrence and found dragging mark with blood stain on the road leading to the place where the dead body was found and also recovered a brown sandal, a bottle of Oaken Glow Whisky. The accused was arrested on 22-6-2007 and during the course of investigation, the accused disclosed that on 20-6-07, he along with his father and two-step brothers came to Dimapur from Kohima by his deceased fathers Santro car B/R No. NL-02/C 0865. On the way they visited their plot of land at Chumukedima and came down to Dimapur and dropped his two T step brothers at Fellowship Colony with their mother. Thereafter, the accused and his deceased father went to Khatkhati where they purchased beer and a bottle of Oaken Glow Whisky and came back to Dimapur New Market where they purchased vegetables and mutton and proceeded towards Chumukedima on way to Kohima. The accused told his deceased father that he had engaged a maid servant to employ in his father house at Kohima and to pick her up they have to go to the field towards Chumukedima village, as such, while proceeding to the field the accused stopped at his Hotel M/s. Hotel Little Cafe which is located on the way to the Chumukedima field and collected a dao (murder weapon) from the kitchen of his hotel. The accused had never engaged any maid-servant but his sole idea was to find an isolated place to kill his father. After proceeding towards the field to some distance, their vehicle could no go any further in the kacha road as such. They kept their vehicle on the road and went walking on foot. After walking for some time, at around 6 to 6:30 p.m., the accused attacked his father from behind with the dao he was carrying on his neck and head and the deceased fell down in a kneeling position and the accused continuously hacked him on his face and finally slit his neck till the deceased remained silent. Then the accused poked him on the chest by the dao to see whether he is really dead. Thereafter the accused threw away the chappels of the deceased to the jungle and took the deceased's Santro car keys and mobile handset from his pocket and switched off the deceased's mobile and dragged the dead body and dumped the dead body on the road side near the village gate. The accused proceeded towards the vehicle and washed the dao and his hand with the bottle of water from the vehicle and he proceeded towards NH-39 by the vehicle and on reaching MI Project Bridge, parked the vehicle, walked over the bridge and threw the dao into the river. Thereafter proceeded towards, Dimapur, after sometime he again stopped the vehicle near a culvert and threw his shirt and vest below the culvert and put on new shirt which he was carrying in his bag. At this stage the accused realized that if the dead body of his father is found out, his involvement into the murder will be exposed and therefore he decided to carry the dead body in the vehicle and dump it somewhere in the NH-39. The accused then went back to his hotel and took two gunny sacks and a bed sheet and went to the place of occurrence. From there he dragged the dead body upto the place where the vehicle was parked and wrapped the dead body with the bed sheet and tried to lift the body into the vehicle but could not do so, as such, he again dragged the body back to the original place and left there. From there he dragged the dead body upto the place where the vehicle was parked and wrapped the dead body with the bed sheet and tried to lift the body into the vehicle but could not do so, as such, he again dragged the body back to the original place and left there. The bed sheet and the sacks were later on thrown into the river after which the accused went to the house of his girlfriend namely Athonuo at 6th Mile, Dimapur and took bath in her house. The trouser he was wearing was given to her for washing and the mutton was handed over to her telling her to cook for him. Thereafter the accused told his girlfriend that his father L.D. Vincent was missing and therefore she accompanied the accused to the town and the accused contacted many persons including his stepmother Smt. Baby at Kohima over mobile. The accused even went to the house of his stepmother at Fellowship Colony and enquired about his father. Even after the discovery of the dead body, the accused went to the civil hospital informing everybody about the death of his father and pretended as if he is not involved in the murder till his arrest. The accused led the police to the MI project bridge at Chathe river to show where he had thrown the dao (weapon) used in the commission of offence could not be retrieved due to heavy rain which was raised the water levels making heavy currents in the river despite local divers being engaged on 4 occasions to retrieve the weapons. The accused also led the police to the spot where he had thrown his blood-stain shirt and the police recovered a white T-shirt and a white vest with blood-stain below the culvert. The accused also took the police to his step mother's house at Fellowship Colony where the police recovered the SIM card of the deceased L.D. Vincent which was bitten and broken by the accused and also to the house of Anthony Lotha at River Belt Colony, Dimapur to recover the mobile phone of his deceased father thrown by the accused into the well of Anthony Lotha and the same was recovered by the police. The trouser worn by the accused while committing the murder was also recovered by the police from the residence of Anthony (the girlfriend of the accused). The trouser worn by the accused while committing the murder was also recovered by the police from the residence of Anthony (the girlfriend of the accused). The statement of the witnesses were recorded by the police in accordance with section 161 of Cr. P.C., 1973 As per the statements of Miss Atalu and Miss Razou (who are employees of the accused's hotel) on 20-6-07 while they were sitting at the hotel accused Bendangtemsu alies Khrieketozu came to the hotel along with his father in a light green Santro car and halted outside the hotel and the accused went inside the kitchen and took a medium size dao from the kitchen. They asked the accused why he was in a hurry and the accused replied that he and his father are going to the kheti and they proceeded towards Mission Compound Road. It is further revealed that Islamuddin alias Gaonbura, Dol Bahadur and Lalmia has seen the accused and his deceased father at the irrigated land at Chumukedima village in the evening of occurrence and they even helped the accused by pushing the Santro vehicle it got stuck in the mud. The statement of the witnesses is corroborated by the statement of accused. The accused volunteered to confess before the learned Judicial Magistrate, First Class, Dimapur Shri Kanuo, who recorded the confession of the accused under section 164 Cr. P.C., 1973 The confession made before the learned JMFC corroborates the case of the prosecution aforementioned. It is further the case of the prosecution that the family members of the deceased filed number of petitions to various authorities to the effect that there may be person other than the accused involved in the conspiracy and murder of L.D. Vincent. Accordingly, the accused person was taken to the Directorate of Forensic Science, Gujarat State for conducting narco analysis test. After observing all formalities the test was conducted on 22-8-07 at Sola Civil Hospital, Ahmedabad by a team of experts and the report of the same was received on 5-10-2007. The result of the Narco interview and complete procedure which was video recorded and the information revealed during his Narco interview is as follows in the form of gist :- 1. ' Bendnagtemsu alias Kneketozu revealed that during his childhood he was living with this mother. In 1997, his grandmother told him that his real father is L.D. Vincent who is living in Kohima. ' Bendnagtemsu alias Kneketozu revealed that during his childhood he was living with this mother. In 1997, his grandmother told him that his real father is L.D. Vincent who is living in Kohima. 2. He was serving in Indian Reserve Battalion, Chhattisgarh and had resigned from the duty in 2006. 3. He revealed that he was running one hotel called ' Little Cafe' at Chumukedima near police complex. He also sells bidi, matches, pan, cigarette, tobacco etc. in his shop. 4. He revealed that his hotel was opened by his mother for him and he was managing the hotel together with his girlfriend. He had spent about Rs. 30,000/- to 40,000/- to establish his hotel. 5. He revealed that his father L.D. Vincent had four wives. His fathers 1st marriage was with his mother and at present his father was living with fourth wife at Kohima. 6. He revealed that his father had one Santro car and some plots. His father did not show any interest or did not take care about his future. His father took more care for other two sons born by third wife. 7. He revealed that he suddenly had a thought in his mind on 19-6-07, that if he kills his father he would inherit his father's property as he was the eldest son. 8. He revealed that he went to Kohima on 19-6-07 by taxi to meet his father. He had tea with his father and had discussed regarding the encroachment of his father's land by Rengma. 9. He revealed that he insisted his father to visit the disputed land at Chumukedima village for settling the matter, along with the purpose of searching the maid servant for his father. 10. He revealed that executing his plan of killing his father at Kohima was not safe and hence he had decided to take him to Dimapur. 11. On 20-6-07 at about 8:00 a.m. he and his father left for Dimapur along with two younger brothers. On the way they dropped his two younger brothers at his third mother's house in Fellowship Colony Dimapur. 12. He suggested to his father for searching the maid servant during their visit to the land at Chumukedima. 13. Then they proceeded to Khatkhati in Assam to purchase a case of beer and a bottle of whisky and returned to Dimapur. On the way they dropped his two younger brothers at his third mother's house in Fellowship Colony Dimapur. 12. He suggested to his father for searching the maid servant during their visit to the land at Chumukedima. 13. Then they proceeded to Khatkhati in Assam to purchase a case of beer and a bottle of whisky and returned to Dimapur. Again they went to new market to purchase vegetables and left for his hotel at Chumukedima. 14. He revealed that while going to Khatkhati he purposefully took dao from his hotel and when his father asked why he is taking it, he said it is necessary because they will be passing through the jungle. 15. Then they went to new Chumukedima village area and other places, where he was pretending that he was in search of maid servant, but he revealed that he was looking for a secluded jungle area so as to kill his father. 16. During their search for maid servant, the car tyre got struck up in a pit hole at one bridge in the jungle and with the help of villagers he pulled out the car. Since the road was not good he and his father walked towards the new DC office complex and during that time he was carrying dao with him. 17. While coming back, on one-foot path which was leading towards the road the thought of killing his father. 18. He hit dao on his father's head. He hit his father with the dao several times on head. he cut his father's throat, pierced the dao in his father's heart, till he died and left him by the roadside. 19. He used to feel that his father was not taking his care and was careful only towards his other step-siblings. 20. After killing his father he wiped the stained dao with leaves and threw it in the Paglanodi river. On his way back he saw blood-stains on his shirt because of headlight of a truck. He took out his shirt and threw it in the jungle. 21. He revealed that others know that as he was present with his father when they left for Dimapur, hence he fabricated a story regarding his missing father. 22. He stated that the killing of his father was done only by himself and no other person is involved. He took out his shirt and threw it in the jungle. 21. He revealed that others know that as he was present with his father when they left for Dimapur, hence he fabricated a story regarding his missing father. 22. He stated that the killing of his father was done only by himself and no other person is involved. He did it in order to get the car, plot and to satisfy his aggression towards his father.' Conclusion :- 'The Narco Analysis test of Bendangtemsu alias Krieketozu, reveals that Bendangtemsu alias Krieketozu is involved in the offence of killing his father and his revelation was that he himself, had killed is father. He felt that the offence which was committed by him, was a wrong deed and was repenting for it.' The prosecution further submits that Narco analysis is known as the truth serum, or drug hypnosis, also known as combination of hypnosis and narcosis, it is also known as method for detecting deception. It is basically a memory recovering technique, a method that makes human thoughts and communication manageable, an art of eliciting intimate details by stimulating the recall of suppressed memory through interview in a gentle and persuasive manner. It is scientific, precise and human in its approach when handled by the skilled experts.' According to the prosecution, the murder was committed by the accused alone, there was no conspiracy by anybody and the motive for the killing was in order to inherit the movable and immovable property of the deceased. The prosecution pressed for awarding exemplary punishment to the accused, as this one case, which is rare in the Naga society. Charge framed against the accused under section 302, read over and explained. The accused pleaded guilty and stated that he was the eldest son of the deceased father from the deceased's first wife, that he was of the opinion that his deceased father loved his step brothers from the third wife more than him despite he being the eldest of the siblings that is how he decided to kill his father and take over the property. Accused further submitted that he now regrets what he has done and resigned himself to the wisdom of the Court. Shri Ms. Accused further submitted that he now regrets what he has done and resigned himself to the wisdom of the Court. Shri Ms. U. Laskar, Amicus Curiae pointed out that the investigating agency ought to have produced the accused before a doctor at the relevant point of time to determine the mental stability of the accused person, however this was not done which is a serious lapse on the part of the prosecution, however, the accused having admitted to his guilt, the Court may take a lenient view of the accused considering his young age and sincere remorse displayed by the accused. Heard the learned counsels and the accused at length. Perused all available records at hand. I have explained to the accused in detail the contents of confession statement given by him to the learned Judicial Magistrate First Class and also explained the details of all allegations levelled by the prosecution against him. The accused firmly stands by the statement given to the Magistrate and admits to all the charges levelled by the prosecution. I have also tried to find out from the accused any evidence of past pschyo syndrome, however, the accused denied any such past behaviour. On his own admission of guilt and the fact that the accused committed the murder of his own father with extreme cruelty and brutality after pervious planning with no evidence to show that the accused was deprived of his senses temporarily at the time of commission of offence, I hereby convit accused Bendang alias Krieketozu under section 302, IPC and sentenced him to undergo imprisonment for life. This disposes the case. Furnish extract copy of the order to the parties. Sd/- (Mayang Lima) Additional Deputy Commissioner (Judl.) Dimapur : Nagaland'. 4. From the confessional statement of Mr. Bendang (convict) and the judgment of the learned Addl. Deputy Commissioner (Judicial), Dimapur, given above, it would be seen that the learned Addl. Deputy Commissioner (Judicial) arrived at the conclusion that Mr. Bendang was guilty of murder of his own father based on :- (i) the confessional statement, (ii) the result of the narco analysis of Bendang, and (iii) because of the admission of his own guilt by Bendang during the trial. There is nothing wrong in the way or manner in which the confessional statement of Mr. Bendang was guilty of murder of his own father based on :- (i) the confessional statement, (ii) the result of the narco analysis of Bendang, and (iii) because of the admission of his own guilt by Bendang during the trial. There is nothing wrong in the way or manner in which the confessional statement of Mr. Bendang was recorded by the learned Judicial Magistrate, therefore, there is no reason to doubt in the truth of the confessional statement. In fact, the truthfulness of the same was also confirmed by Mr. Bendang before the trial Court when he admitted his guilt. The result of the narco analysis of Bendang further strengthen the case of the prosecution that it was none other than Mr. Bendang, and he alone was the person who murdered his father late L.D. Vincent. His statement to the police alleging his step mother Mrs. Baby being the one who hatched the conspiracy to murder his father appears to be only a ploy to mislead the police from the truth. In any case, the truth of his confessional statement confirmed by his admission of guilt before trial court which are also supported by the evidence collected through nacro analysis has proved that his statement given to the police was not reliable statement. By this alone, the first part of the writ petition that is, the prayer for further investigation can be dismissed. However, to set at rest all the issues raised by the petitioner, the submissions of both the learned counsels for the petitioner and the State respondents are briefly reproduced and discussed here below :- Mr. S. Chakroborty, learned counsel for the petitioner submitted that the telephone call records of that evening that is, the evening in which the murder took place revealed that so many calls were made by Mrs. Baby, wife of Lt. Vincent (the victim) to Mr. Bendang, the accused (now convict). These goes to show that there was a conspiracy between Mrs. Baby and Mr. Bendang for the murder of Lt. Vincent (the victim). The learned counsel further submitted that Lt. Vincent was a heavily build man, therefore, he could not have been murdered by a person only, as the prosecution tried to portray. In fact, the same was confirmed by the admission of Mr. Baby and Mr. Bendang for the murder of Lt. Vincent (the victim). The learned counsel further submitted that Lt. Vincent was a heavily build man, therefore, he could not have been murdered by a person only, as the prosecution tried to portray. In fact, the same was confirmed by the admission of Mr. Bendang, the accused (now convict) when he stated that three persons in a white Maruti car killed his father as planned by his step-mother. But the police just refused to investigate on that due to the political influence Mrs. Baby had at that time. It was also submitted that the dead body of Lt. Vincent was found with so many cut marks which were inflicted with sharp weapons including pointed ones but in order to cover up the whole truth about the crime, the crime weapons were purposely not recovered or shown to be not recovered. Lastly, the learned counsel submitted that the narco analysis was conducted only on the accused Bendang but not on Mrs. Baby. If it was felt necessary to conduct narco analysis on Bendang there was no reason why the same should not have been conducted on Mrs. Baby who was equally a suspect in the crime. Therefore, this goes to show that there was a deliberate attempt to prevent the truth from being revealed. Mr. K. Sema, learned Sr. Addl. Advocate General, Nagaland, submitted at length and took me through the entire record of the investigation. He also submitted that the investigation was done carefully and meticulously taking into consideration the nature of the crime and the public attention that it had drawn. I need not reproduce all the submissions of Mr. K. Sema, since this Court is not sitting on appeal but merely examining as to whether the investigation machinery had done its job properly or not. The concerns raised by the learned counsel for the petitioner have been more or less raised by the petitioner in her representation dated 18-7-2007 submitted to the Director General of Police, Nagaland, Kohima. The contents of the representation are reproduced here below :- 'To, The Director General of Police, Nagaland : Kohima 18th July, 07 Sub : Request for special Investigation Team to seriously investigate into late Vincent Lhoubeizotuo Dzuvichus death. The contents of the representation are reproduced here below :- 'To, The Director General of Police, Nagaland : Kohima 18th July, 07 Sub : Request for special Investigation Team to seriously investigate into late Vincent Lhoubeizotuo Dzuvichus death. Sir, On behalf of the bereaved family of my bother late Vincent Lhoubeizotuo Dzuvichu, may I seek your kind attention and early action on the following : 1. While appreciating the efforts of the SP, ASP and the SDPO of Dimapur for carrying out investigation into the brutal murder of my brother late Vincent, we were concerned that the SDPO admitted he knew the accused personally as they had served in the IRB and often played together. Hence the request from the Lhisema Council for the change of Investigating Officer. However, the experience of the family with the ASP and the SP Dimapur himself of the 13th and 14 July, 2007 has proved beyond doubt that these police officials are not helping in bringing out the complete truth behind the murder of late Vincent. All circumstantial evidence and other accounts have been informed to the Police, however they have not taken such information seriously and seem to have come to their own conclusions. The refusal to explore probabilities and possibilities of other accomplices and the conspiracy theory, which was initially admitted by the accused, is a very serious matter and the biased stand taken by these officials on the case is highly questionable, at such a stage when there are many loopholes, clearly visible in the investigation. It is very disappointing and of great concern that after 27 days, the weapons used for the murder have not been fully recovered by the police. As per witness accounts of my brothers body in the morgue, there is clear indication of more than two weapons being used in his murder, which include dao marks and blunt iron rod including some heavy object that broke and twisted his jaws. The deep three marks on his chest were not done by a dao, as per witnesses of the body in the morgue and those who helped clean the body. There is also strong indication of more than one person involved in the gruesome killing based on the marks of his body. The deep three marks on his chest were not done by a dao, as per witnesses of the body in the morgue and those who helped clean the body. There is also strong indication of more than one person involved in the gruesome killing based on the marks of his body. We request that special divers, including scuba divers at Rangapahar Army cantonment be requisitioned to find these weapons from the Chumukedima river, that were used for the crime at the earliest, before the case comes before the ADC Judicial's Court. 2. The family is disheartened that serious circumstantial evidences given to the police, have not been taken up seriously by the officers; (a) The statement made by the girl helper in Bendangs hotel whereby she finally admitted that on the 20th June Bendang and three men, including 1 Angami (which we take to be Vincent) came to have food and asked water for drinking their rum/whisky between 3 and 4 p.m. and that they came in a small car driven by Bendang. The statement was reported to the SDPO and the girls brought to the Police for questioning as they had admitted they were told not to talk about this by Ms. Thejau, Bendangs partner. However, the police are confusing this leading information with the visit of my brother Richard and two cousins, Mr. Ruulhoulie and Dr. Satou Linyu along with Bendang on the 21st afternoon to have lunch, while they were enroute to Kohima for the funeral. This group had a bottle of beer along with food any my bother Richard was driving his big Mitsubishi Lancer. (b) Ms. Thejaus statements have been contradictory. She has said Bendang came to take the dao in the 20th June afternoon with Vincent. However, witness accounts in the Chumukedima B village farm state that Bendang was already carrying the dao when the family went to visit the farm in the forenoon of the 20th June, before dropping his other two sons with their mother at Dimapur. She stated that she was informed of Vincents death between 8 a.m. and 9 a.m. of the 2st June by my sister Mary Dzuvichu, (Bendang's aunty) and yet she opened her hotel the whole day, without any sign of respect for the departed. She stated that she was informed of Vincents death between 8 a.m. and 9 a.m. of the 2st June by my sister Mary Dzuvichu, (Bendang's aunty) and yet she opened her hotel the whole day, without any sign of respect for the departed. However, she contradicted herself stating again, that she came to know of his death only in the afternoon when my brother Richard, Bendang and the other two friends stopped by for a quick lunch. (c) As per the statement of those who saw late Vincents body at the morgue, Mr. Zavihu, Mr. Azo and Mr. Akum have stated that there were marks which clearly indicate scalding him with hot water, (possibly to stop the flow of blood or tortured) which were very visible. Police are however standing by the story that the marks are because his body was dragged after the murder. (d) Police have denied that blood-stains were found in the Santro car and that the body was not carried in the car at all, and have cited forensic report. They have also refused to follow the possibilities of late Vincent being killed elsewhere nearby, and his body brought to the spot by the accused/accomplices. However, Mr. Akum Ao, brother of Vincents ex-wife reported to the Dimapur Police that the strong smell in the car the morning of the 21st June was the same smell as Vincents body in the morgue. It was only after this vital information that the accused and the car were seized by the police. Mr. Akum also was a witness to the police checking the blood-stains in the Santro boot on the 21st June, 07. The girl helper in the hotel also admitted to our family members she was the one who washed the bloodied rubber mat of the Santro boot on the 21st June morning, including a pant and shirt. Vincents brother Richard was a witness to the Santro boot rubber mat that was being dried outside the hotel of the accused on the 21st June afternoon, while visiting the hotel. (e) Mrs. Neinuo Belho nee Dzuvichu's call from her WLL to 9436010553 which was Vincents number being used by Mrs. Baby at 8:15 p.m., 8:16 p.m. and 8:34 p.m., is very important in investigating the conspiracy angle, as she has categorically stated she heard Vincent calling out that he was being strangled in the second call. (e) Mrs. Neinuo Belho nee Dzuvichu's call from her WLL to 9436010553 which was Vincents number being used by Mrs. Baby at 8:15 p.m., 8:16 p.m. and 8:34 p.m., is very important in investigating the conspiracy angle, as she has categorically stated she heard Vincent calling out that he was being strangled in the second call. We located her after the SP himself gave me the number to help them find out the owner of the WLL number during our first meeting in his office. However, the police (ASP, SDPO) have resorted to threatening Mrs. Neinuo with arrest, that she is a liar and that her call would not hold good in court and taken a very biased stand. This action of the police is questionable as all this was stated in the presence of Mrs. Baby on the 14th July at the office of the ASP, Dimapur, who admitted to receiving the questioned call, and instead of finding out the truth about the details of the call, they resorted to harassing Mrs. Neinuo, who had given leading information to the police. They also told her that she was blocking their work as they had come to a final conclusion on the case and her false story was a big hindrance. My brother Richard also reminded the ASP that very day, that on the 22nd June, under the ASP's instruction, in his office, he had rung up Mrs. Baby, to inquire whether she had made any calls to Bendang after calling and talking to Vincent and she had categorically denied she ever called him. The BSNL call records show otherwise. The SDPO also charged my brother Richard on the 14th July that out family was questioning the credibility of the Dimapur Police and that they were being harassed by daily queries from the Governor office on the case. (f) The statements of Mrs. Anhieu and Mrs. Thomas till date are highly questionable and contradictory to the call records of BSNL of Mrs. Baby. (g) We had informed the Police that on the night of 19th June, Bendang was counting Rs. 35,000/- in cash in the Kohima residence of Vincent, which contradicts the statement made by Mrs. Thejau his partner that he was broke and borrowed Rs. 5000/- from their hotel account to go to Kohima on the 19th June, 07. Baby. (g) We had informed the Police that on the night of 19th June, Bendang was counting Rs. 35,000/- in cash in the Kohima residence of Vincent, which contradicts the statement made by Mrs. Thejau his partner that he was broke and borrowed Rs. 5000/- from their hotel account to go to Kohima on the 19th June, 07. A witness to the counting of money is Vincent's youngest son Kevikhrielie who also counted the money after Bendang gave him to count and told the boy that there was much more money than what they were counting. This was on the night of the 19th June, prior to the trip to Dimapur and not on an earlier trip, as claimed by the police and Bendang. (h) The police have told us that the time of the murder is established between 7 and 7:30 p.m. as per Bendang's own statement. However, the call of Mrs. Neinuo states otherwise. This must be seriously followed up, with more intensive questioning also of the accused. It is shocking that instead of appreciating the bereaved family of Vincent for providing as much information as possible to find out the truth behind the intention of his murder, the concerned police officials have been defaming our family of harassing people and of not accepting the ' facts of their conclusions- May I ask what facts are they talking about, when they have not seriously followed all leading information that have been submitted nor explored strong indications of other possibilities of more people involved in the crime. Instead, they have resorted to threats and defamation of the aggrieved family. I was personally informed by the SDPO late at night, after our second visit to the SPs office, to start searching for a lawyer on the case. However, when I did approach the family lawyer, I was told that there is no need for one as the Public Prosecutor would be taking up the case as per rules. Therefore, may I seek an immediate clarification as to why the concerned official rang me up late night to tell me to start searching for a lawyer. His action is highly questionable and amounts to threatening me and my family. Therefore, may I seek an immediate clarification as to why the concerned official rang me up late night to tell me to start searching for a lawyer. His action is highly questionable and amounts to threatening me and my family. That the family has taken very seriously, the totally biased stand of the SP Dimapur on the case in the interaction with him at Dimapur, on Friday the 13th July, 07, wherein he had claimed complete innocence of Mrs. Baby, in the midst of investigations, and also blamed the unclear statements of Mrs. Baby on her excessive drinking which is not acceptable or tenable. He also stated that Mrs. Baby is not capable of strangling anyone. At no time during this long investigation, has the family ever given any statement or indication that Vincent was strangled by his wife. This statement coming from a senior officer as the SP himself is highly questionable and amounts to casting aspersions on the family. It is expected from the investigating agency to give all seriousness with regard to their investigation and maintain complete neutrality and impartiality for the truth to emerge. The family, in the midst of our grief and shock at the gruesome murder of our beloved brother, have given all co-operation to the police on all leading information and even helped them in bringing relevant people to record their statements. However, the family has also been charged of carrying out investigation on our own too by the police on the 14th July, 2007, which is very discouraging and unfair. As for Bendang, the accused, when convicted, the family expects the severest of punishment be imposed on him for the gruesome act and violation of all human norms. In the light of all these serious developments as mentioned in the above, may I, on behalf of the family reiterate our request, which has also been laid before the Hon'ble Chief Minister, that a Special Investigation Team be immediately set up to seriously follow up all possibilities and leading information on the murder, so that the truth behind this gruesome act be revealed. The family reiterates that we will only be satisfied when the real truth behind the reasons for the murder of my late brother Vincent Dzuvichu is fully established, with no bias from the investigating agency. The family reiterates that we will only be satisfied when the real truth behind the reasons for the murder of my late brother Vincent Dzuvichu is fully established, with no bias from the investigating agency. Yours faithfully, Sd/- Rosemary Dzuvichu (sister of late Vincent Dzuvichu) Coordinator, Centre for Mass Communication, Deptt. of English, Nagaland University.' 5. In response to the above, the Superintendent of Police, Dimapur, submitted his comments/reply to the Director General of Police, Nagaland, Kohima, and the same is reproduced here below:- 'Government Of Nagaland Office Of The Superintendent Of Police Dimapur, Nagaland No. DEF/DMR/CB-16/7/2001 Dated Dimapur the 24th July, 2007. To, The Director General of Police, Nagaland : Kohima Sub : Submission of para-wise reply on the allegation made by Rosemary Dzuvichu. Ref : Letter No. No. PHQ (CON-11) CRIME/2001/645 dated Kohima, the 18th July, 2007. Sir, Inviting a reference to the above mentioned letter and the letter submitted by Rosemary Dzuvichu on 18-7-07, I have the honour to submit a para-wise reply on the entire allegations levelled against the officials of DEF Dimapur involved in the investigation of the late Vincent murder case. The points raised by Rosemary Dzuvichu in her letter are also mentioned herewith in italics for clarity. 1. Rosemary : We were concerned that the SDPO admitted that he knew the accused personally and as they had served in the IRB and often played together. Comments : The SDPO Dimapur has served in the 9th NAP (IR) for about two and half years from 2002 to 2005 and had known the accused Bendang merely as personnel of 9th NAP (IR). However, they were not in the same company and were never closely associated with each other either by virtue of working together or otherwise. They had never played together as alleged. It may also be mentioned here that the SDPO Dimapur has never served in Chhattisgarh as alleged by the Chairman of the Lhisema Khel, Kohima village in a representation to the DGP Nagaland. Further the investigation at every stage in this murder case has been directly supervised by the undersigned. 2. Rosemary : It is very disappointing and of great concern that after 27 days, the weapons used for the murder have not been fully recovered by the police. Further the investigation at every stage in this murder case has been directly supervised by the undersigned. 2. Rosemary : It is very disappointing and of great concern that after 27 days, the weapons used for the murder have not been fully recovered by the police. As per witness accounts of my brothers body in the morgue, there is clear indication of more than two weapons being used in his murder, which include dao marks and blunt iron rod including some heavy object that broke and twisted his jaws. The deep three marks on his chest were not done by a dao, as per witnesses of the body in the morgue and those who helped clean the body. There is also strong indication of more than one person involved in the gruesome killing based on the marks of his body. We request that special divers, including scuba divers at Rangapahar Army cantonment be requisitioned to find these weapons from the Chumukedima river, that were used for the crime at the earliest, before the case comes before the ADC Judicial's Court. Comments : The weapon (dao) used in commission of the crime could not be recovered due to heavy rains in the monsoon season which has raised the water levels in the river. Local divers have been employed on four occasions but they could not retrieve the dao as the water level is high with heavy current. The post-mortem report revealed that only sharp weapon was used in the commission of the crime. There were two separate pierced marks on the chest and abrasion over lower chest as per the post-mortem report. No twisting of jaws has been reported in the PM report. The cause of death was due to multiple grievous injuries by sharp weapons. Accused Bendang himself has led the police party to the places where he had thrown the dao, the SIM card and mobile of deceased and his blood-stained clothes. The SIM card of late Vincent which the accused Bendang had broken and thrown in the drain at Mrs. Asangla house at Fellowship Colony has been recovered and seized. The mobile phone of late Vincent was thrown in the ring well of Anthony Lotha at Riverbelt colony by the accused was also recovered on 25-6-07. The mobile handset Nokia was identified as Vincents mobile by the accused and the relatives of Lt. Vincent. Asangla house at Fellowship Colony has been recovered and seized. The mobile phone of late Vincent was thrown in the ring well of Anthony Lotha at Riverbelt colony by the accused was also recovered on 25-6-07. The mobile handset Nokia was identified as Vincents mobile by the accused and the relatives of Lt. Vincent. His blood-stained clothes have also been recovered. After studying the P.O. carefully and further based on the statement of accused/witnesses and polygraph test result of Bendang; the SIT is of the view that the claim that more than one person was involved in murder is unfounded and based on reasoning not supported by existing facts. 3. Rosemary : The statement made by the girl helper in Bendangs hotel; whereby she finally admitted that on the 20th June Bendang and three, including I. Angami (which we take to be Vincent) came to have food and asked water for drinking their rum/whisky between 3 and 4 p.m. and that they came in a small car driven by Bendang. The statement was reported to the SDPO and the girls brought to the Police for questioning as they had admitted they were told not to talk about this by Ms. Thejau, Bendangs partner. However, the police are confusing this leading information with the visit of my brother Richard and two cousins. Mr. Rulhoulie and Dr. Satuo Linyu along with Bengang on the 21st afternoon to have lunch, while they were enroute to Kohima for the funeral. This group had a bottle of beer along with food and my brother Richard was driving his big Mitsubishi Lancer. Comments : The Police has no such confusion and in fact if seems that some vested interest parties are threatening and harassing witnesses to falsify their statements. Witness statements available with the police are contrary to the above allegations by Mrs. Rosemary. On 20-6-07 at around 4.00 p.m.-4.30 p.m. Nk. Khriesangulie of 11 NAP (IR) dropped Thejasenuo from 11th IRB Office to her hotel in his scooter after the office hour. While they were sitting in the hotel Bendang came with his father in a light green Santro and halted outside the hotel. Then Bendang alighted from the vehicle and rushed inside the hotel kitchen and brought a dao in his hand. While they were sitting in the hotel Bendang came with his father in a light green Santro and halted outside the hotel. Then Bendang alighted from the vehicle and rushed inside the hotel kitchen and brought a dao in his hand. So he asked Bendang why he was in a hurry Bendang replied that they were going to the Kheti and went and sat with his father in the left front seat and proceeded towards Mission Compound Road. The maids of the hotel namely Miss Atalu and Miss Razou stated that on 20-6-07 Bendang came in the afternoon in a hurry and took a medium sized dao from the hotel kitchen and left. It is to mention here that Rosemary and party went to the rented house of Miss Thejasenuo on 30th June and assaulted her and Miss Atalu and Razou. Thereafter, they were forcibly taken in separate vehicles and brought them to the SDPO Dimapur office to record their statement under duress. The SDPO had told them that he had already interrogated them the previous day and didn't feel the need for re-interrogation at that juncture. The accused statement has also corroborated the statement of the witnesses mentioned above. Further, Miss. Monora, Islamuddin alias Goanbura, Dol Bahadur and Lalmia had seen Bendang and his late father at the irrigated land of Chumukedima village area in the evening of the fateful day of 20th June and that later these three witnesses had lifted the vehicle of late Vincent when it got stuck in the mud. Therefore the suggestion that more than one person had taken liquor at the tea hotel and later on murdered late Vincent in Chumukedima village does not hold an iota of truth and contradict the witnesses account. There is no confusion regarding the identity of the person who had visited the hotel on 21-6-07. It has been verified from accused Bendang and the witnesses-namely Miss Thejasenuo and her staff, that on 21st June, Richard Dzuvichu, Bendang, and two other persons had food at the tea hotel leaving for Kohima. 4. Rosemary : Ms. Thejau's statement have been contradictory. She has said Bendang came to take the dao in the 20th June afternoon with Vincent. It has been verified from accused Bendang and the witnesses-namely Miss Thejasenuo and her staff, that on 21st June, Richard Dzuvichu, Bendang, and two other persons had food at the tea hotel leaving for Kohima. 4. Rosemary : Ms. Thejau's statement have been contradictory. She has said Bendang came to take the dao in the 20th June afternoon with Vincent. However, witness account in the Chumukedima 'B-village farm state that Bendang was already carrying the dao when the family went to visit the farm in the afternoon of the 20th June, before dropping his other two sons with their mother at Dimapur. She stated that she was informed of Vincent's death between 8 a.m. to 9 a.m. of the 21st June by my sister Mary Dzuvichu (Bendang's aunt) and yet she opened her hotel the whole day, without any sign of respect for the departed. However, she contradicted herself by stating again, that she came to know of his death only in the afternoon when my brother Richard, Bendang and the other two friends stopped by for a quick lunch. Comments : It is not only Miss Thejasenuo and her staff but an independent witness Nk. Khriesangulie had seen Bendang coming to the hotel and leaving with a dao. The accused himself has admitted that he had picked the dao from the tea hotal. There is no contradiction in the statement of Ms. Thejasenuo as she had stated that Mary Dzuvichu had informed her about the news of late Vincents death. Also, statements of the children of late Vincent also do not support this theory that Bendang was already having a dao from before. Ms. Rosemary fails to name such witnesses who have seen Bendang carrying dao in the afternoon at Chumukedima B-Village. If there are such witnesses, the SIT would certainly interview them and record their statements. 5. Rosemary : As per the statement of those who saw late Vincent's body at the morgue Mr. Zavihu, Mr. Azo and Mr. Akum stated that there were marks which clearly indicate scalding him with hot water, (possibly to stop the flow of blood or tortured) which were very visible. Police are however standing by the story that the marks are because his body was dragged after the murder. Comments : Police have not made any stories but are merely stating the facts which have come out during investigation based on evidences. Police are however standing by the story that the marks are because his body was dragged after the murder. Comments : Police have not made any stories but are merely stating the facts which have come out during investigation based on evidences. The post-mortem report did not say that late Vincent body was scalded with hot water. In fact, it says that there were abrasion over lower portion of the chest. In medico-legal parlance, abrasion is defined as the forcible removal of the outer layer of skin due to friction created by contact with a rough surface. In this case, the friction have been created by the dragging of the body against the ground surface. The accused himself stated that he took his father to Chumukedima village on the pretext of searching a maid and stopped the vehicle after crossing the village gate. He told his father that one adivasi maid is available nearby and that they have to walk some distance. They started walking on the approach road leading to the village. When they have reached a secluded area, he hit his fathers head on the right side from the back with full force. His father fell down and was in kneeling position. He started hacking his father on the face and his father fell down on the road. He poked his father with the dao to check any movements of the limbs and found that his father was still alive. Therefore, he cut his father on the neck with the Dao and blood splashed out which smeared his face and stained his shirt. After making sure that his father was dead, he left the place. However, he realized that his fathers dead body could be found and trace the murder to Bendang as people had seen him moving around the irrigated field area of Chumukedima with his father. Therefore, he went back to the place where he murdered his father with the intention to throw it in the river. He dragged the body to the car by pulling it by the legs, face down as he did not want to see the gory face of his late father. He opened the boot of the car and tried to lift the dead body. He dragged the body to the car by pulling it by the legs, face down as he did not want to see the gory face of his late father. He opened the boot of the car and tried to lift the dead body. But it was too heavy for him as he was already very tired dragging the body for more than 180 feet and the boot wasn't big enough to hold a human body. Therefore, he pulled the dead body back on the approach road and left it by the roadside. The villagers who had discovered the dead body has also stated that there were dragging mark on the road indicating that the dead body was dragged. The medical report also supports the statement of Bendang that he dragged his father. Therefore, the claim that hot water was poured over the deceased can only be termed as a figment of imagination as it will be the autopsy report which shall stand before the court of law. The undersigned has personally interviewed Mr. Akum (one of the persons washing the body) after the murder and he had nothing such to comment. Moreover none of the three persons (i.e., Mr. Zavihu, Mr. Azo and Mr. Akum) are qualified or competent enough to comment on the cause of death. 6. Rosemary : Police have denied that blood-stains were found in the Santro car and that the body was carried in the car, and has cited forensic report. They also refused to follow the possibility of late Vincent being killed elsewhere nearby and his body brought to the spot by the accused/accomplices. However, Mr. Akum Ao, brother of Vincents ex-wife reported to the Dimapur Police that the strong smell in the car the morning of the 21st June was the same smell as Vincent-body in the morgue. It was only after this vital information that the accused and the car were seized by the police. Mr. Akum also was a witness to the police checking the blood-stains in the Santro boot on the 21st June, 2007. Comments : The story that Mr. Akum statement of similar stench coming out of the vehicle leading police to arrest Bendang and seizure of car is the conclusion of Mrs. Rosemary and the Police differs from it. Mr. Akum also was a witness to the police checking the blood-stains in the Santro boot on the 21st June, 2007. Comments : The story that Mr. Akum statement of similar stench coming out of the vehicle leading police to arrest Bendang and seizure of car is the conclusion of Mrs. Rosemary and the Police differs from it. The arrest of Bendang was purely based on scientific and thorough investigation comprising of detailed call details analysis of the victim, and the accused. The sequence of events leading to arrest were as follows. Immediately after the reports of the murder, the Addl. SP and the SDPO (Dimapur) swung into action to look for leads into the case. Mr. Bendang has initially claimed that he and his father left Mrs. Asen house at around 2:30 to 3:00 p.m. On 20th, June. They went to New Market and purchased onion, tomatoes, potatoes and mutton. Thereafter, they went to Showuba to search for maids but could not find any. Therefore, they left at about 5:00 to 6:00 p.m. and on the way to Chumukedima just before reaching 7th Mile, a phone call came to Vincent and late L.D. Vincent received the call. The voice on the other phone was of a woman and they talked for 3 to 4 minutes and in Angami dialect. He heard his father responding o..oh only and then his father asked him reverse the vehicles as he wanted to meet the caller, they came back to Deluxe point and after asking him to park the vehicle near the traffic booth towards Kuda buildings, his father asked him to wait for him saying that he will go and meet his friends. Bendang waited for about 20 to 30 minutes and then tried to call his father on his mobile but his mobile was switched off. Bendang thought that he might have switched off his mobile as he was talking to others. He waited for another 10 minutes and then took the vehicle and went towards Hongkong Market looking for him. He checked all the road and bye lanes but could not find him. Bendang thought that he might have switched off his mobile as he was talking to others. He waited for another 10 minutes and then took the vehicle and went towards Hongkong Market looking for him. He checked all the road and bye lanes but could not find him. So he went straight to his mother's house (Fellowship Colony) and narrated the story and asked her to give the contact numbers of the acquaintance of his father so that they can search for him but his step mother also said she had no idea.' The above story was found doubtful on the following counts (1) Nobody will generally go to Showuba village in search of maid (2) If his father had spoken for 3-4 minutes, they would have crossed Chumukedima but that was not so (3) How was he so sure that his father received a call from an Angami lady and that too in a moving vehicle? There is no Angami woman/families living in Hong Kong market area. (4) How come his father had given him the key of the vehicle? Therefore, he was taken to Deluxe point to re-create the scene of how he was waiting for his father. However, none of the shop keepers had seen him moving around in Deluxe point area on 20th evening and Bendang himself was a little hesitant and not very sure of the exact spot/angle/and direction at which the vehicle was parked. This created some doubt and suspicion on Bendang. Therefore, he was taken to S. P. Office for questioning. However, Mr. Richard the younger brother of late Vincent and Mr. Akum the younger brother of late Vincent ex-wife came to the office and requested that Bendang may be allowed to accompany them as they were leaving for Kohima. Since there was no concrete evidence at that stage against Bendang, he was allowed to go on the condition that Mr. Richard will produce Bendang the next day for questioning and that late Vincents car will be seized for examination of blood stain and also to collect the soil sample in the car for comparison with the soil from the scene of crime. Mr. Akum, who was under the influence of liquor, objected to the seizing of the vehicle saying that they have to take it to Kohima. This was witnessed by Mr. Wai Ao beside Mr. Richard. Mr. Akum, who was under the influence of liquor, objected to the seizing of the vehicle saying that they have to take it to Kohima. This was witnessed by Mr. Wai Ao beside Mr. Richard. Therefore, the claim that police had seized the vehicle only after the vital information provided by Mr. Akum was false. In fact Mr. Akum had never mentioned that the strong smell in the car was the same as the body smell of late Vincent. The car was thoroughly searched for blood-stain by experts from FSL on 21st June but no blood-stain was found. It is pertinent to mention here that the Santro boot is too small to carry the dead body of late Vincent. Further the allegation that the Police is refusing to entertain the idea of murder being committed somewhere else is totally false and unfounded. Such allegations only make it apparent that certain vested interests want to dictate police to carry out investigations in the way they want; the reason for which is not very clear. The spot at which the murder has been actually committed bears every evidence that there could not be any doubt regarding the place of murder. There has been a very large pool of blood with big chunks of clothing's. Clotting of blood starts immediately once it comes in contact with air. Had the murder been committed at some other place and body been just dumped at the place in Chumukedima; there wouldn't be such large chunks of blood clots on the ground. Also, a human body contains about 5 litres of blood. Late Vincents of blood bore multiple incised wounds which result in rapid bleeding and the amount of blood collected at site doesn't leave any doubt that murder was committed there only. 7. Rosemary: The girl helper in the hotel also admitted to our family members she was the one who washed the bloodied rubber mat of the Santro boot on the 21st June morning including a pant and shirt. Vincents brother Richard was a witness to the Santro boot rubber mat that was being dried outside the hotel of the accused on the 21st June afternoon, while visiting the hotel. Comments: The girl helper in the hotel did not admit before Police that they had washed the rubber mat of the Santro boot. Miss. Vincents brother Richard was a witness to the Santro boot rubber mat that was being dried outside the hotel of the accused on the 21st June afternoon, while visiting the hotel. Comments: The girl helper in the hotel did not admit before Police that they had washed the rubber mat of the Santro boot. Miss. Thejasenuo also stated that she found the mat near the carrom stand and took it to the back side of the hotel not suspecting anything. Accused Bendang has stated that the leakage from the mutton packet which they had purchased the previous day and left in the car the whole night was stinking and therefore he himself has washed the mat and kept it in the hotel. It may be mentioned here that the police recovered the shirt worn by accused Bendang while committing the murder, which he had discarded on the bank of Chathe river. Miss Athonuo, the girt-friend of Bendang, with whom he spent the night after committing the murder, admitted that she had washed the trouser of Bendang but that there was no blood-stain. She admitted that on 21st morning, Bendang had given her 2 kgs of stale mutton which was kept in the car. 8. Rosemary: Mrs. Neinuo Belho nee Dzuvichu's call from her WLL to 9436010553 which was Vincent's number being used by Mrs. Baby at 8:15, 8:16 p.m. and 8:34 p.m. is very important in investigating the conspiracy angle, as she has categorically stated she heard Vincent calling out that he was being strangled in the second call. We located her after the S.P. himself gave me the number to help them find out the owner of the WLL number during our first meeting in his office. However, the police (ASP, SDPO) have resorted to threatening Mrs. Neinuo with arrest, that she is a liar and that her call would not hold good in court and taken a very biased stand. This action of the police is questioning as all this was stated in the presence of Mrs Baby on the 14th June at the office of ASP, Dimapur who admitted to receiving the questioned call, and instead of finding out the truth about the details of the call, they resorted to harassing Mrs. Neinuo, who had given leading information to the police. Neinuo, who had given leading information to the police. They also told her that she was blocking their work as they had come to a final conclusion on the case and her false story was a big hindrance. My brother Richard also reminded the ASP that very day, that on the 22nd June, under the ASP instruction, in his office, he had rung up Mrs Baby, to inquire whether she had made any calls to Bendang after calling and talking to Vincent and she had categorically denied she ever called him. The BSNL call records show otherwise. The SDPO also charged my brother Richard on the 14th July that our family was questioning the credibility of the Dimapur Police and that they were being harassed by daily queries from the Governors office on the case. Comment: The statement of Mrs. Neinuo Belho was taken on 27th June and she stated that she rang up mobile No. 9436010553 on 20.6.07 at around 8:00 p.m., to inform Vincent that he should come to see the land at T.M. School area which he was interested to buy. When she rang up the first time, nobody picked up the phone. On the second call she heard a voice saying ' Don't pick up the phone' (Nagamese dialect) and then heard Vincent screaming as being strangulated-' ......Thejao, Thejao, someone is grabbing my neck. someone is grabbing my neck (Vincent in Angami Dialect) and dropped the phone. After sometime, she rang up again and Mrs. Baby received the phone and Neinuo told her to inform Vincent to come to her house in the morning to see the plot of land for sale. The next morning she learnt that Vincent was murdered at Dimapur on the night of 20.6.07. Bur she further stated that she did not disclose to anybody on the next day as everybody was busy in the funeral. If we take this story of Neinuo to be correct then, it appears that Mrs. Baby was very much present at the spot where Vincent was being murdered as she was using the mobile 9436010553 on that day. As there was no doubt in the mind of the investigators that Vincent was murdered in Chumukedima, inquiry was made whether Baby was in Kohima or Dimapur on that day. Mr. Dziese and his wife Mrs. Anhieu, Mrs. Khieletuo-u alias Thomas stated that Mrs. As there was no doubt in the mind of the investigators that Vincent was murdered in Chumukedima, inquiry was made whether Baby was in Kohima or Dimapur on that day. Mr. Dziese and his wife Mrs. Anhieu, Mrs. Khieletuo-u alias Thomas stated that Mrs. Baby w/o late Vincent was present at Dziese's house on the night of 20th June. The call detail report (CDR) of mobile cell No. 9436010553 shows that Mrs. Baby mobile logged only to the OCB exchange towers, Main Exchange Kohima on the day of murder and also on the day of the funeral except two calls which has logged Kohima Science College towers Further Mrs. Baby had made a call to Vincent at 18:16 hrs. on 20.6.07 and Vincent told her to got to Mr. Dzieses house and wait for him. Mr. Dziese has been a close friend of Vincent and both the families have spent may evenings together drinking and playing cards. Mrs. Baby then told a neighbour Nuveto who has a Maruti van to drop her to Dzieses place. Mrs. Baby spent the entire night with Mr. and Mrs. Dziese. There was also a third person called Mrs. Thomas who visited Dziese between 1830 hrs and 2130 hrs and she too testifies that Baby was in teh house of Dziese. It is very much clear that both the scientific evidence and human witnesses prove that Baby was nowhere else but in the house of Dziese when Mrs. Neinuo called on her mobile and its is also clear that Vincent was not there at that time. It is pertinent to mention here that Hav Ashuli of XII NAP (IR) who lived in Chumukedima village was going home in his scooter on 20th night and he saw a pool of blood lying on the road. Therefore, when he reached home, he asked his wife whether there had been any incident as he saw a lot of blood on the road. When his wife told him that there was no incident in the village, he got suspicious and informed other villagers to search the area. He stated that when he reached home and checked the time, it was 2105 Hrs. Mrs. Neinuos statement can therefore be treated as false and misleading. A very important question which Mrs. Neinuo fails to answer is that once she heard Vincent being strangulated; what did she do? He stated that when he reached home and checked the time, it was 2105 Hrs. Mrs. Neinuos statement can therefore be treated as false and misleading. A very important question which Mrs. Neinuo fails to answer is that once she heard Vincent being strangulated; what did she do? Did she inform anybody of such grave and serious happening which is normal person is expected to do using his common sense? Mrs. Belho just states that she felt that it was a usual fight between the husband and wife? the children of Vincent have never seen Vincent and Baby indulging into physical fights. Therefore, the suggestion that late Vincent was murdered in Kohima brought to Chumkedima village within 30 minutes is impossible or that the cell number 9436010553 could be in Piphema or any other place in Dimapur area and lodged in Kohima towards is impossible to believe. There were BSNL tower in Secu, Piphema, Pherima, Kukidolong and Chumukedima. Mrs. Neinuo Belho called Mrs. Baby three times from her WLL No. 03702108853 on 20th June. As per the BSNL records, the first call was made at 8:16 p.m. and her call was received by Mrs. Baby for 36 seconds. The second call was made at 8:19 p.m. and her call was received for 56 seconds and the third call was made at 8:31 p.m. and her call was received for 46 seconds. Therefore, the claim of Mrs. Neinuo that nobody picks her first call was a lie. It is to mention here that when Mrs. Baby was questioned about the identity of the WLL No. 2108853 she feigned ignorance and suspects that it could be one woman by the name of Banuo Sanchu. If Mrs. Baby is involved in the crime, then she must have contacted the other conspirators with her cell phone only as she has no access to land line phone on that night. Discreet inquiry was made to identify the user of WLL No. 2108853. It is true that the SP himself gave her the number to find out the owner of the WLL number during their first meeting in his office chamber on 23rd June. However, it was only on 27th June that Rosemary and her cousin Neinuo Belho came down and claimed that she heard Vincents voice on 20th night as mentioned above. It is true that the SP himself gave her the number to find out the owner of the WLL number during their first meeting in his office chamber on 23rd June. However, it was only on 27th June that Rosemary and her cousin Neinuo Belho came down and claimed that she heard Vincents voice on 20th night as mentioned above. If she had really heard Vincent voice, why did she kept quite for so many days knowing that Vincents was brutally murdered? She claimed that she is a cancer patient and therefore could not inform the family members in time. Was she under some strong medication that she imagined things under hallucination? It is true that the Addl. SP and the SDPO Dimapur advised her to speak the truth as her statement is not supported by facts and contradicts BSNL, call records and the circumstantial evidences gathered from the Chumukedima village. It is also true that she was informed about his legal implication of giving false evidence. However, she was never threatened with arrest as alleged. The allegation that the SDPO also charged Richard on the 14th July that they were questioning the credibility of the Dimapur Police and that they were being harassed by daily queries from the Governors office on the case is just a figment of the imagination and totally denied. However, Richard being an educated person was advised to accept the facts and not be guided by hearsay or emotions which cannot be proved. 9. Rosemary : The statement of Mrs. Anhieu and Mrs. Thomas till date are highly questionable and contradictory to the call records of BSNL of Mrs. Baby. Comments : Does Mrs. Rosemary want to say that Mrs. Anhie and Mrs. Thomas are also involved in the murder? The family members of late Vincent claimed that when they questioned Mrs. Anhieu, and she had informed them that Mrs. Baby did not received any call on the night of 20th June. We do find anything contradictory in the statement of Mrs. Anhieu and Mrs. Thomas with the call records at BSNL of Mrs. Baby's cell phone. They were interrogated in order to ascertain whether Mrs. Baby was in Kohima and slept at Anhieu's house as stated by Mrs. Baby was at Anhieu's house at the time of the murder and that she was drunk. The call detail report: Mrs. Anhieu and Mrs. Thomas with the call records at BSNL of Mrs. Baby's cell phone. They were interrogated in order to ascertain whether Mrs. Baby was in Kohima and slept at Anhieu's house as stated by Mrs. Baby was at Anhieu's house at the time of the murder and that she was drunk. The call detail report: Mrs. Baby phone also proved that she was in Kohima. The statement of Nuveto and Dziese also support that Mrs. Baby was at Kohima. As per the call detail report, Bendang has contacted Mrs. Baby at 09:05 p.m. and they spoke for five minutes. Accused Bendang stated that he had informed his step mother about the story of the disappearance of his father with an Angami lady. He also claimed that Mrs. Anhieu also called him and he has narrated how his father went missing Mrs. Anhieu was questioned and she admitted that she herself called Bendang by using Mrs. Baby's cell phone at about 11 p.m. and told him that they could not come down as it was late and will come only the next day. She also stated that Mrs. Baby was crying and desperately trying to contact her husband. It is pertinent to mention here that Mrs. Baby called Bendang seven times only after receiving the call from Bendang at 09:05 p.m., on the night of the murder. 10. Rosemary: We had informed the police that on the night of 19th June Bendang was counting Rs. 35,000/- in cash in the Kohima residence of Vincent, which contradicts the statement made by Ms. Thejau his partner that he was broke and borrowed Rs. 5000/- from their hotel account to go to Kohima on the 19th June, 2007. A witness to the counting of money is Vincent's youngest son Kevikhrielie who also counted the money than what they were counting. This was on the night of the 19th June, prior to the trip of Dimapur and not on an earlier trip as claimed by the Police and Bendang. Comments: Miss Thejasenuo has stated that Bendang has borrowed Rs. 5000/- from their hotel account and insisted for another Rs. 5000/- from her on 19th June to go to Kohima. Accused Bendang has taken Rs. 10,000/- to Kohima. Accused Bendang has stated that he took Rs. Comments: Miss Thejasenuo has stated that Bendang has borrowed Rs. 5000/- from their hotel account and insisted for another Rs. 5000/- from her on 19th June to go to Kohima. Accused Bendang has taken Rs. 10,000/- to Kohima. Accused Bendang has stated that he took Rs. 90,000/- to Kohima on an earlier trip to buy a second hand Maruti van which his father has arranged. This money was also borrowed from Miss Thejasenuo which was a personal loan taken by The jasenuo from the banks. It was during that time that he asked his younger brother to count the money. However, he did not purchase the vehicle. The information about the counting of Rs. 35,000/- in cash in the residence of Vincent has no connection with the murder but are they suggesting that Mrs. Baby paid a lot of money to Bendang to eliminate late Vincent? It is just a whimsical allegation. 11. Rosemary : The Police have told us that the time of the murder is established between 7 and 7:30 p.m., as per Bendang's own statement. However, the call of Mrs. Neinuo states otherwise. This must be seriously followed up, with more intensive questioning also of the accused. Comments : Mrs. Neinuo's statement have already been dismissed as unreliable. The fact the she called Baby between 8:15 p.m. and 8:30 p.m., does not any evidence that Vincent was alive when she called. On 20th June Mrs. Baby has made a call to Bendang at 7:15 p.m. and her call was registered for two seconds only. When questioned Mrs. Baby claimed that the husbands mobile was found to be switched off and so she tried to call Bendang but there was no response. Accused Bendang stated that just after he killed his father, he received one phone call which he rejected and later on switched off his mobile to avoid any contact with other. Therefore, we presume that late Vincent was murdered between 7 to 7:30 p.m. This supports the circumstantial evidence and his own statement that soon after darkness he took his father to Chumukedima village and murdered him. The Doctors who conducted autopsy have been asked to given the exact time of murder and their reply is still awaited. 12. Therefore, we presume that late Vincent was murdered between 7 to 7:30 p.m. This supports the circumstantial evidence and his own statement that soon after darkness he took his father to Chumukedima village and murdered him. The Doctors who conducted autopsy have been asked to given the exact time of murder and their reply is still awaited. 12. Rosemary: It is shocking that instead of appreciating the bereaved family of Vincent for providing as much information as possible, to find out the truth behind the intention of his murder, the concerned police officials have been defaming our family of harassing people and of not accepting the ' facts of their conclusion. Comments: The Dimapur police have been from the very beginning sought the co-operation of the family to solve the horrifying murder case. It was the police who persuaded them to conduct post-mortem examination to find out the nature of injury caused and the type of weapons used. In good faith, we have furnished the call details and phone numbers to Mrs. Rosemary to identify the user. However, instead of appreciating the immediate steps taken by the police and identifying the killer within 12 hrs with the help of BSNL authority, the family is harassing the officials engaged in the investigation for not accepting the so called evidence which can be out rightly dismissed as hearsay and not supported by facts. However, the investigation has meticulously probed all the issues raised by the family in order to avoid any allegation of ignoring vital clues furnished by the family. However, they are questioning the credibility and integrity of the Dimapur Police. All this is causing unnecessary distraction to the investigation process. 13. Rosemary : May I ask what facts are they talking about when they have not seriously followed all leading information that have been submitted nor explained strong indications of other possibilities of more people involved in the crime. Instead, they have resorted to threats and defamation to the aggrieved family. 13. Rosemary : May I ask what facts are they talking about when they have not seriously followed all leading information that have been submitted nor explained strong indications of other possibilities of more people involved in the crime. Instead, they have resorted to threats and defamation to the aggrieved family. Comments : The recovery of late Vincents dead body from Chumukedima village, the dragging mark in the place of occurrence, the photograph of the deceased showing injury marks, the pool of blood lying on the approach road in Chumukedima village, the recovery of the slipper of late Vincent from near the PO, the absence of blood-stains in the vehicle of late Vincent, the call details of the cell numbers, the post-mortem report, the picking of the weapon of offence (dao) from the tea hotel, the recovery of the SIM of late Vincent which has been thrown in the drain, the recovery of the late Vincent mobile from a ring well, the recovery of the shirt of the accused from the bank of Chathe river which was thrown after the commission of the crime, the seizing of the long pant of the accused from the house of Miss Athonuo where he spent the night after killing his own father. The Police Officials are proved at the unwarranted comments and baseless allegation by Mrs. Rosemary. 14. Rosemary : I was personally informed by the SDPO late at night, after our second visit of SPs office, to start searching for a lawyer on the case. However, when I did approach the family lawyer, I was told that there is no need for one as the public prosecutor would be taking up the case as per rules. Therefore, may I seek an immediate clarification as to why the concerned official rang me up late night to tell me to start searching for a lawyer. His action is highly questionable and amounts to threatening me and my family. Comments : On 22nd June, when the family members of late Vincent learnt that it was Bendang who had killed his own father, they went and ransacked/vandalized his hotel and also burnt his scooter. In this connection, a GD entry has been made at Diphupar PS for enquiry and to take action against the culprits. Again on 30th June, Rosemary and her relatives went to the tea hotel of Miss Thejasenuo and Bendang at Chumukedima. In this connection, a GD entry has been made at Diphupar PS for enquiry and to take action against the culprits. Again on 30th June, Rosemary and her relatives went to the tea hotel of Miss Thejasenuo and Bendang at Chumukedima. They have reportedly assaulted and beaten Miss Thejasenuo and the two girls working in the hotel. It was reported that they had blindfolded the trio for questioning. Later on they took them to the SDPO Dimapur office and alleged that he has not recorded their statement properly whereas they were subjected to interrogation the previous day. It is also learnt that they have blindfolded Miss Athonuo, with whom Bendang has spent the night after killing his own father, and interrogated her after taking her to some undisclosed locations. They have told Athonuo that they will take necessary permission for her entry to the Central Jail to enquire from Bendang about his accomplice. The unauthorized investigation of the case by the relatives of the deceased and intimidation of the witnesses of the case are illegal and punishable by law. Therefore, the SDPO Dimapur had rang up Rosemary and asked her to consult a lawyer and find out whether their actions are legal or not. However, it is sad to note that she failed to understand an advice given in good faith to avoid further aggravation of the case from different quarter. 15. Rosemary : That the family has taken very seriously, the totally biased stand of the SP Dimapur on the case in the interaction with him at Dimapur, on Saturday the 14th July, 2007 wherein he had claimed complete innocence of Mrs. Baby, in the midst of investigation, and also blamed the unclear statements of Mrs. Baby on her excessive drinking, which is not acceptable or tenable. He also stated that Mrs. Baby is not capable of strangling anyone. At no time during this long investigation, has the family ever given any statement or indication that Vincent was strangled by this wife. This statement coming from a senior officer as the SP himself is highly questionable and amounts to casting aspersions on the family. It is expected from the investigating agency to give all seriousness with regard to their investigation and maintain complete neutrality and impartiality or the truth to emerge. This statement coming from a senior officer as the SP himself is highly questionable and amounts to casting aspersions on the family. It is expected from the investigating agency to give all seriousness with regard to their investigation and maintain complete neutrality and impartiality or the truth to emerge. The family, in the midst of our grief and shock at the gruesome murder of our beloved brother have given all co-operations to the police on all leading information and ever helped them in bringing relevant people to record that statement. However, the family has also been charged of carrying out investigation on our own too by the police on the 14th July, 2007, which is very discouraging and unfair. Comments : 14th July was a Saturday and a holiday for State Government and the undersigned didn't attend office on 14th July. However, Rosemary came on 13th July and started charging that Police are not doing the investigation properly and was not happy because we have dismissed the statement of Neinuo Dzuvichu which is not supported by facts. The SP has told her that if Neinuo statement is true, then Mrs. Baby must be strangling her husband or so closed to late Vincent so that Neinuo could hear him clearly. Also if Neinuos statement is taken as correct, then Mr. and Mrs. Dziese and Mrs. Thomas should also be logically involved in the murder which is far fetched. Further she herself has been suggesting that Baby is somehow involved in the case citing her conduct on the day of the funeral and the next day when the police has summoned for questioning. Therefore, the SP told her that Mrs. Baby and Bendang has been subjected to polygraph test and no deception on either of the test is detected, that the call detail of her call indicate that she was in Kohima and that circumstantial evidence gathered during investigation and the accused own statement do not show her connivance or involvement in the case. Then Rosemary asked ' Is that final that Baby is not involved in the case? When SP replied in the affirmative, she abruptly got up and left. 16. Rosemary : As Bendang, the accused, when convicted, the family expects the severest of punishment be imposed on him for the gruesome act and violation of all human norms. Then Rosemary asked ' Is that final that Baby is not involved in the case? When SP replied in the affirmative, she abruptly got up and left. 16. Rosemary : As Bendang, the accused, when convicted, the family expects the severest of punishment be imposed on him for the gruesome act and violation of all human norms. Comments : Yes, we will ensure that the trial of the case is expedited and the severest punishment is meted out to the accused at the earliest as per the provision of law. 17. Rosemary : In the light of all these serious development as mentioned in the above, may I, on behalf of my family reiterate our request, which has also been laid before the Hon'ble Chief Minister, that a Special Investigation Team be immediately set up to seriously follow up all possibilities and leading information on the murder, so that the truth behind this gruesome act be revealed. The family reiterates that we will only be satisfied when the real truth behind the reasons for the murder of my late bother Vincent Dzuvichu is fully established, with no bias from the investigating agency. Comments : The case has already been endorsed to an SIT under DEF, Dimapur. But if the authority is not satisfied with the progress of the case, we have no objection in handing over the case to another SIT or even the CBI. However, the case should not be re-endorsed simply because of pressure from the family who could not accept the fact that late Vincent was murdered by his own son. In order to understand why he killed his own father, we are mentioning in brief profile of accused Bendang as told to us. Bendangtemsu alias Khrieketouzo was the oldest son of late L.D. Vincent of Kohima Village and his mother is Narola from Lakhuni village. His father and mom divorced when he was very young. His mother later married Hav. Kilemwati of Chuchuyimpang village but he expired in 1990. He never know that his father was late Vincent as his mother never disclosed this to him. In all the educational documents and service records, he used the name of late Kilenwati Jamir of Chuchuyimpang as his father. After the death of his step father, his mother remarried Mr. Bendangnunsang and had one daughter and two sons from the third husband. In all the educational documents and service records, he used the name of late Kilenwati Jamir of Chuchuyimpang as his father. After the death of his step father, his mother remarried Mr. Bendangnunsang and had one daughter and two sons from the third husband. Bendang met his father late Vincent for the first time in December 1997, when he was 17 years old. He read up to pre-university and when the IRB was raised, he joined as a constable in 1999. He got promoted to Naik because of his good merit. He is an ambitious person and obtained a fake BA passed certificate of Nehu, Shillong while serving in the IRB. He was posted at Chhattisgarh in 2005. In January, 2006, he availed leave and came to Kohima and stayed with his father and step mother Mrs. Baby. During his stay in Kohima, he impressed his father about the plights and hardship of the life in Chhattisgarh. Then his father reportedly advised him to resign and return back to Nagaland and assured him to another job. Therefore, he went to Chhattisgarh and got himself discharged from service and came back. During the recruitment of ABSI in the 12th NAP (R), he faced the interview but unfortunately he could not be selected. He was really discouraged because he felt that his father did not make any efforts to get him selected. In January, 2007 he opened a hotel at Chumukedima (near XII NAP(IR) gate with Miss Thejasenuo. During construction of the hotel, his parents gave CGI sheets, gas cylinder and kitchen utensils. The other additional expenditures were all borne by Miss Thejasenuo. To run this hotel, they have employed two girls namely Vithitalu alias Stalu and Razovolu alias Razou. But the hotel was not earning profits. He has been living a life of pretence and his neighbours at Chumukedima were under the impression that he is re-employed with State Government at a decent post. He used to visit his father in Kohima from time to time. However, his father never paid much attention to his problems and job. He felt that his father did not care for him as much as his two other sons namely Thejangulie and Kevikhrielie who are the children of Mrs. He used to visit his father in Kohima from time to time. However, his father never paid much attention to his problems and job. He felt that his father did not care for him as much as his two other sons namely Thejangulie and Kevikhrielie who are the children of Mrs. Asenla and L.D. Vincent (now divorced.) Whenever, he went to their house, he used to do all the menial works like looking after the pigs, chickens and other household chores etc. he claimed that whenever he asked his step brothers to do some work, his father used to resent. His father owned a plot of land at New Chumukedima Village (Peren Road) and Bendang used to be a caretaker of that land. He used to go to the farm occasionally and plant trees and fruit saplings. He asked his father to give him a portion of the land at Chumukendima but his father refused. When he realized that his father is not serious about his future and condition, he developed hatred towards his father late L.D. Vincent. He thought that if he eliminate his father then he would get all the properties, land, vehicle etc. by virtue of being the eldest in the family. So he decided to kill his father when he got an opportunity. He started plotting to kill him since the month of May 07. The accused revealed that the main motive of the murder was that his father had neglected him for many years and even after he went to stay with him, Vincent never showed him fatherly affection, Vincent displayed a different moment for the other younger brothers and did not even like to talk to him. His most frustrating moment was when his father did not give his effort to get a post of ABSI in the recruitment of the 12th IRB. He was also desperate because he was unemployed and the hotel was not earning much profits to eke a decent living'. The former colleagues and friends of accused Bendang describe him as a decent and reserved person, who never showed his anger. May be, all the suppressed anger and resentment of a young man has finally exploded, resulting in the gruesome killing of his own father. Submitted for your kind perusal and necessary action please. Sd/- (BIDHU SHEKHAR) IPS, Superintendent of Police, Dimapur, Nagaland.' 6. May be, all the suppressed anger and resentment of a young man has finally exploded, resulting in the gruesome killing of his own father. Submitted for your kind perusal and necessary action please. Sd/- (BIDHU SHEKHAR) IPS, Superintendent of Police, Dimapur, Nagaland.' 6. From the response of the Superintendent of Police, Dimapur, submitted to the Director General of Police, Nagaland, Kohima, it would be seen that the police have taken care of all the concerns raised by the petitioner regarding the investigation of the murder case. On perusal of the entire record and on consideration of the submissions of both the learned counsels, I have no doubt that the SIT constituted for the purpose have done everything that needs to be done in the investigation of the muser and only thereafter came to the conclusion that only Mr. Bendang alone had murdered his father. As stated above, their findings have been confirmed by the confession of Bendang and his admission of guilt before the trial Court. Therefore, I find no ground or reason to order for further investigation of the crime. It may also be mentioned here that this is one case in which I have seen the Police Department of Nagaland right from the beginning of the investigation having chosen only Senior Officers to investigate the case and every method available was used in the investigation to find that whole truth. The entire record of the investigation stands as testimony of how carefully and meticulously the case was investigated by the Officers in the SIT. It would be an exercise in futility to further investigate the case. But before I conclude I may also add here some of my observations. It is stated by the investigation machinery that at the time the crime took place there was incessant rain and due to that the river in which the crime weapon was stated to have been thrown was at spate, therefore, in spite of having engaged divers the same could not be recovered. I have no reason to doubt on this as the crime happened during the month of June when monsoon is at its peak in this part of the Country. Moreover, there is no reason why the investigation machinery should not have recovered the same if they could. I have no reason to doubt on this as the crime happened during the month of June when monsoon is at its peak in this part of the Country. Moreover, there is no reason why the investigation machinery should not have recovered the same if they could. The statement of the accused, now convict regarding involvement of three persons in the killing of his father is also not trustworthy because if what he said is really true even if he did not know their names he would have at least known the number of the white Maruti car by which according to him they came to the place where the crime was committed. Therefore, I am of the view that the statement of the accused (convict) is not worthy of trust. Regarding the calls made by Mrs. Baby to accused (convict) it is quite natural for a wife to be concerned about her husband specially when she was told by her step son that he had gone missing. Therefore, I do not find reason to suspect of Mrs. Baby from that. The statements of her friends with whom she spent the evening of that day also shows that her behaviour of that evening was that of a wife who was informed that her husband had gone missing and nothing more. Lastly, according to the accused he hacked his father on his neck from behind with a dao. The fact that the accused had taken a dao is confirmed by the statement of witnesses. Therefore, even if the deceased was a well built man the accused could have easily killed him alone. In fact, the accused was a riflemen in NAP/IRB that too a commando. So all the more he was a capable man in handling that kind of situation single handedly. As such, only for the fact that the deceased/victim was a well built man is no reason to doubt that the accused/convict alone had killed him. 7. In fact, the accused was a riflemen in NAP/IRB that too a commando. So all the more he was a capable man in handling that kind of situation single handedly. As such, only for the fact that the deceased/victim was a well built man is no reason to doubt that the accused/convict alone had killed him. 7. As for the prayer for quashing the proceeding arising out of G.R. Case No. 326/2007, under Section 192/193/194/199/ 211 of IPC pending before the Court of Additional Deputy Commissioner, (Judicial), Dimapur, Nagaland, I have no hesitation in allowing the same because it appears from the record that same was taken up when the investigation was going on and the petitioner and her family members were under tremendous mental trauma and emotional stress due to the murder of their loved one that too under such circumstances as stated above. It is most likely that family members of a person murdered under such circumstances, because of the mental trauma they were going through and out of emotional outburst would have said and done which are alleged in the G.R. case. But it is most unlikely that they have said and done such things with malicious intention. As such, to constitute or construe such acts or words which were unintended into criminal offences and to draw a proceedings would be wrong in law. It would also amount to burdening them further unnecessarily over and above what they have already gone through. Law enforcing machinery at time should be a little more compassionate and understanding of person or persons under such circumstances. Anything or everything said and done in such circumstances should not be construed as criminal offence or offences. 8. In view of what has been stated above, the prayer for further investigation is rejected but the proceeding arising out of G.R. Case No. 326/2007, under Section 192/193/194/199/211 of IPC pending before the Court of Additional Deputy Commissioner, (Judicial), Dimapur, Nagaland, is quashed and set aside. 9. The writ petition is disposed.