SH LALCHHARMAWIA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) The instant appeal is from jail by convict directed against the impugned judgment and order dated 9.2.2011 passed by the Chief Judicial Magistrate, Kolasib, Mizoram as well as the against the order of revision dated 26.8.2011 passed by the Addl. District & Sessions Judge-2, Aizawl District, Aizawl.

(2.) The brief fact of the prosecution in nutshell is that on 25.12.2010 an FIR was received from Mr. Saihnuna to the effect that in between 1st December to 23rd December, 2010, 6 nos. of wooden planks, 3 nos. of window frame were removed from his house by the convict. Accordingly, the case was registered as Kolasib PS Case No. 98 of 2010 on 25.12.2010 under section 380 and 427 IPC. After investigation found a prima facie case and charge-sheeted. A case was registered to the court of Chief Judicial Magistrate, Kolasib as Crl. Tr. No. 928/2010. From record it appears that thereafter, Chief Judicial Magistrate, Kolasib passed the impugned judgment and order on 9.2.2011 and further appears that against the said impugned judgment a revision was moved before the Addl. District & Sessions Judge-2, Aizawl and by a judgment and order dated 26.8.2011 Addl. District & Sessions Judge upheld the judgment passed by the Chief Judicial Magistrate, Kolasib.

(3.) Being aggrieved by the impugned judgment dated 9.2.2011 as well as 26.8.2011, convict approached this court by way of an application addressed to the Registrar, Gauhati High Court, Aizawl Bench, Aizawl on 23rd January, 2012 and the same was registered as Crl. Pet. No. 3 of 2012 (J). As none appeared for and behalf of the convict this court appointed Mr. Lalfakawma as Amicus Curiae to act and to defend the case of the convict and for and behalf of the State appeared Mr. A.K. Rokhum, Public Prosecutor.