HMINGTHANSANGA, S/O HMINGTHANCHUNGA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) THIS appeal arises out of judgment and order dated 20.8.2010 passed by the learned District and Sessions Judge, Aizawl in case No. S.R. 31 of 2009 convicting the appellant under Section 304 Part -II I.P.C and sentencing him to undergo Rigorous Imprisonment (RI) for 5 (five) years with fine of Rs. 20,000/ -, in default, to undergo Simple Imprisonment (S.I) for further period of 6 (six) months.

(2.) THE criminal proceeding was set in motion by filing of FIR by PW1 on 2.12.2012. The informant is a policeman and at the relevant point of time, he was serving in the Khawzawl Police Station. According to the FIR, on the night of 1.12.2008 at around 11:30 p.m, informant while on duty, heard a hue and cry outside near the hospital junction at Khawzawl. He went out with some men to find a group of people fighting amongst themselves. On reaching the place of occurrence, he found K. C. Lalremruata (victim) was being helped by his friends as he had suffered a head injury. Victim was taken to the hospital. On the next day, he was referred to the Civil Hospital, Aizawl. PW1 stated that the victim was hit on his head by one Hmingthansanga (accused/appellant) by a "Mizo Hreiha". At about 4:00 p.m on that day, victim succumbed to his injury and died. The said FIR was registered as Khawzawl P.S Case No. 82 of 2008 under Section 302 I.P.C.

(3.) POLICE investigated the case and arrested the appellant on 3.12.2008. After completion of the investigation, police submitted charge sheet before the Court charging the appellant of having committed murder of the victim and accordingly, he was charged under Section 302 I.P.C. The case was committed to the Court of Session at Aizawl. Learned Trial Court framed charge against the appellant under Section 302 I.P.C to which the appellant pleaded not guilty and claimed to be tried.