STATE OF MIZORAM Vs. LALREMPUIA

JUDGEMENT

(1.) This criminal appeal under Section 378(1)(b) of the Code of Criminal Procedure, 1973 ('the Code', and/or 'the CrPC', for short) is preferred against the judgment and order dated 25.03.2019 passed by the learned Sessions Judge, Aizawl Judicial District, Aizawl in Sessions Case no. 67/2015. By the said judgment and order dated 25.03.2019, the learned Sessions Judge acquitted the accused of the charges under Section 302 and Section 380 of the Indian Penal Code (IPC).

(2.) The investigation was set into motion with the institution of a First Information Report (FIR) lodged by one Ms. Lalrinthari [P.W.2] before the Officer In-Charge, Kulikawn Police Station, District-Aizawl on 18.12.2014. In the FIR, the informant had, inter-alia, stated that in the morning hours of 18.12.2014, Thursday, at around 9:30 a.m., the grandmother of the informant, Zokhumi, 83 years, wife of Late Z. Lalsanhzuala was found dead in her bedroom inside their house. The deadbody was found lying on her bed in a pool of blood covered with a quilt. A severe injury was found to have been inflicted in the left side of the neck. According to the informant, a sum of about Rs. 64,000/- was found missing from the steel almirah. The informant had further stated that her grandmother died at the hand of a certain miscreant but they were clueless as to how the miscreant entered into the room of her grandmother. It was reported that the incident had taken place between 1:00 a.m. and 9:30 a.m. on 18.12.2014.

(3.) On receipt of the FIR, the Officer In-Charge, Kulikawn Police Station, District Aizawl registered a case being Kulikawn Police Station Case no. 185/2014 for offences under Sections 302/380, IPC on 18.12.2014. After such registration, the investigation of the case was carried on by P.W.19, Sri F. Lalbiakzauva, Deputy Superintendent of Police, Aizawl Police Station as the Investigating Officer (I.O.) of the case.