H V LALTHAWMA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 12.12.2011 passed by the learned Additional District and Sessions Judge -I, Aizawl in Criminal Trial No. 1662/2010 convicting the accused appellant u/s 304 Part -I of the Indian Penal Code (IPC) and sentencing him to undergo rigorous imprisonment (RI) for a period of 5 years with fine of Rs. 5000/ -, in default, to undergo further RI for 3 months.

(2.) THE prosecution case is that one Lalawmpuii of Sihphir, Damveng lodged a first information before the Bawngkawn Police Station, Aizawl on 29.06.2010 stating that at around midnight of 28.06.2010, her son Lalruatfela (Tetea) was shot at by her husband H.V. Lalthawma with a shotgun in the frontyard of Smt. Seii of Sihphir Damveng. It was further stated that her son was taken to the Durtlang Hospital where he died. The said information was treated as FIR and on the basis of the same, Bawngkawn Police Station Case No. 260/2010 u/s 302 IPC read with section 27(1) of the Arms Act, 1959 was registered.

(3.) THE police investigated the case and after completion of investigation, submitted charge -sheet. The case was registered in Court as Criminal Trial No. 1662/2010 and being a sessions triable case, was taken up by the Court of Additional District and Sessions Judge -I, Aizawl. On 16.09.2010, formal charge was framed against the appellant under the aforesaid sections of law. The following were the charge framed against the appellant : -