VABEIKI PACHORANA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) This jail appeal is directed against the judgment and order dated 16-3-2012 passed by the learned Sessions Judge, Lunglei in Crl. Trial No. 14 of 2011 convicting the appellant and the non-appellant under Section 392 IPC and sentencing the appellant to undergo rigorous imprisonment for five years with fine.

(2.) The case of the prosecution is that on 28-5-2005 at 10 p.m., one Lianuka lodged a written ejahar stating that on 28-5-2005 at about 3.30 p.m., two miscreants robbed of the late Ngunchungnunga of Hripei village ("the deceased" for short), Myanmar, of Rs. 8,000/- and severely assaulted him at a place called College Veng Saiha. The victim was evacuated to Civil Hospital, Saiha where he succumbed to his injuries on the same day at about 9.30 p.m. On the basis of the FIR, the police registered Saiha P. S. Case No. 126/ 05/ u/S. 392/302 IPC duly and investigated the case. On investigation, the police found that on 28-5-2005, when the appellant and the non-appellant, namely, Lalramengliana, proceeded towards N. Colony through the approach road, they met three persons, who were coming from the opposite side, on a bridge and demanded money from the victim and his friends by threatening them with sharp knives and frisked them. At that point, the deceased resisted their frisking and tried to move aside but was followed by the appellant and the non-appellant and while he was on the run from them, he slipped over the edge of the nearby approach road and fell into the gorge. The appellant and the non-appellant followed him to the gorge and snatched away Rs. 8,000/- from him, who was then lying unconscious and made their escape towards N. Colony leaving behind the deceased unattended. As noted earlier, deceased subsequently succumbed to his injury. According to the prosecution, the cause of death of the victim was due to the threat from the appellant and the non-appellant. In the course of investigation, a sum of Rs. 6,290/-was recovered from the appellant and the non-appellant. Post mortem examination was conducted on the deceased wherein it was found that the deceased had died of subdural haemorrhage resulting from his head injury. The police, having found a prima facie case against the appellant and the non-appellant u/ S. 392/302/75 IPC, charge-sheeted them to stand the trial.

(3.) The learned Sessions Judge, after hearing the parties, framed the charges against the appellant and the non-appellant u/S. 392/ 302 IPC, to which they pleaded not guilty and claimed to be tried. The prosecution examined five prosecution witnesses to bring home the charge against the appellant and the non-appellant. No defense witness was adduced by the appellant and the non-appellant. At the conclusion of the trial, the trial Court by the impugned judgment and order convicted both under Section 392 IPC. After sentence hearing, the appellant was sentenced to undergo rigorous imprisonment for five years with a fine of Rs. 500/-, in default thereof, to suffer another 15 days of simple imprisonment. However, the non-appellant could not be sentenced as yet as he has apparently absconded since his release on bail on 10-3-2008. No appeal has been preferred by him as yet. Aggrieved by the conviction and sentence, this appeal is now preferred by the appellant from jail.