UNION OF INDIA AND 2 ORS Vs. NGURTHANKHUMI

JUDGEMENT

(1.) APPELLANT is aggrieved by his conviction and sentence by judgment and Order dated 18th January, 2010 passed by the District and Sessions Judge, Lunglei Judicial District, Lunglei.

(2.) THE Appellant was accused of having stab Shri Lalrukima on 8.7.2007 and as a result of the injuries suffered by Shri Lalrukima he passed away.

(3.) A charge sheet was filed against the Appellant on the ground of having committed the murder of Shri Lalrukima but at the time of framing charge the learned trial judge was of the view that instead of a charge sheet under Section 302 of the IPC, a charge under Section 304 of the IPC which was more appropriate. The Appellant was charged accordingly and the charge framed was explained to him. The Appellant treated not guilty and claim trial.