SH. SHAMBU Vs. STATE OF MIZORAM

JUDGEMENT

(1.) HeardMr. Vanlalnghaka, the learned Amicus Curiae as well as Mr. C.Zoramchhana, the learned Public Prosecutor, Mizoram appearing for theState respondents.

(2.) Thisis an appeal against the Judgment dated 27.9.2018 filed by the appellant against his conviction under Section 302of the IPC and also the order of Sentence dated 10.10.2018, by which the appellant was convicted to undergo Rigorous Imprisonment for life and to pay fine of Rs. 3000/-and in default, imprisonment for a period ofthree months.

(3.) The case of the prosecution in briefis that on 18.09.2016, an FIR wasreceived from Zosangvela (PW1) to the effect that in the morning of the same day, his sister Lalrinzovi who is the wife ofthe appellant was found dead in her residence. She sustainedburn injuries all over her body and itwas later learned that she was intentionally burntby the appellant using kerosene oil on the night of 16.9.2016. Accordingly, Kawnpui PS Case No.36/2016 dated 18.09.2016 under Section 302 IPC was registered and thecase investigated into. During the course of investigation, the place of occurrence was visited and the statement of the complainant recorded. Certain materials for examination in a Forensic Science Laboratory (FSL)were also collected and sent. Consequently, the Investigating Officer having found a prima facie case against the appellant filed the chargesheet beforethe Court below and thereafter the learned Judge, Fast Track Court, Kolasib framed the charge against the appellant under Section 302 IPC by reading over and explaining to him the charge in a language known to him. The appellant pleaded not guilty to the charge and accordingly, trial against the appellant commenced.