SHRI. LALTHANPUIA Vs. THE STATE OF MIZORAM

JUDGEMENT

(1.) Heard Mr AR Malhotra, the learned Amicus Curiae. Also heard Mr N Sailo, the learned PP assisted by Mrs Helen Dawngliani, Addl. PP for the State respondents.

(2.) The appeal is directed against the judgment and order dated 08.04.2009 passed by the learned District & Sessions Judge, Lunglei Judicial District, Lunglei in GR Case No.90/2003, under Sec. 376/511/302/201 Penal Code arising out of Lunglei PS Case No. 73/2003, dated 13.04.2003, convicting the appellant under Sec. 302 Penal Code and sentenced him to undergo imprisonment for life.

(3.) Though a number of points have been raised by the learned Amicus Curiae in the course of hearing, we decide to confine ourself to one of his submissions about the non-compliance under Sec. 313 Crimial P.C. by the trial court which, according to him, rendered the conviction illegal. The case of the prosecution is that in the morning of 13.04.2003, one Pi Zachhawni, D/o (L) Darkhama Chhipphir Village was found dead near the Government Primary School-III at Chhipphir Village, which was presumed to be a homicidal death. When the matter was brought to the knowledge of the Lunglei Police Station, a regular case was registered and the appellant took into custody on the next day. On completion of the investigation thereof, charge sheet was submitted and the learned Addl. District Magistrate (J), framed the charge against the appellant under Sec. 302/511 IPC, to which the appellant pleaded not guilty and claimed to be tried. His statement under Sec. 313 Crimial P.C. was also purportedly to have been taken. At the conclusion of the trial, the appellant was found guilty of the offences charged against him and has been convicted and sentenced as noted earlier by the impugned judgment.