STATE OF MIZORAM Vs. LALRINAWMA

JUDGEMENT

(1.) This is a reference under Rules for the Regulation of the Procedure of Officers Appointed to Administer Justice in the Lushai Hills, 1937 made by Smt. Lucy Lalrinthari, Addl. District Magistrate (J), Lunglei in G.R. No. 149/92 Lunglei P.S. Case No. 111/92. The learned Additional District Magistrate (J) has convicted the two accused persons under Ss. 449/392/302, I.P.C. and has sentenced each of the accused for imprisonment for life under S. 302, I.P.C., 10 years R.I. for offence under S. 392, I.P.C. and 10 years for offence under S. 449, I.P.C., the sentences are to run concurrently.

(2.) We have heard Mr. T. Vaiphei, learned Public Prosecutor for the State of Mizoram and Mr. H. Lalrinthanga, learned Amicus Curiae for both the accused persons.

(3.) The prosecution story as has emerged from the evidence brought on the record is that on 4-5-1992 at about 9 p.m. the two accused namely Sri Lalrinawma and Sri Lalbiktluanga entered the house of the deceased Miss Thangzuali of Venghlun and committed her murder and also committed robbery of cash and other articles and fled away. During the course of investigation the two accused were arrested and as per desire expressed by them their confessional statements under S. 164, Cr. P.C. were recorded on 24-6-1992. In the trial both the accused persons pleaded not guilty. However, the learned Additional District Magistrate(J) considering the seriousness of the crime and the punishment which it may command decided to proceed to have full trial of the case. The prosecution examined as many as 23 prosection witnesses. Under S. 313, Cr. P.C. again both the accused persons confessed their guilt and affirmed their confessional statement recorded earlier. The learned Addl. District Magistrate (J) found both the accused persons guilty and sentenced as alluded above.