SH. VANLALPIANGA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) Heard Mr. Zochhuana, learned counsel appearing for the appellant and Mr. C. Zoramchhana, learned Public Prosecutor, Mizoram representing the State. This appeal is directed against the judgment and order dated 18.02.2019 passed by the learned District & Sessions Judge, Lunglei Judicial District, in Criminal Trial No. 97 of 2016 Ref: Saiha PS C/No. 91/2016, convicting the appellant under Sections 302 of the Indian Penal Code (IPC) for causing the death of two persons namely Elizabeth and Sideii. Accordingly, the appellant was sentenced to undergo rigorous imprisonment for life and also to pay fine of Rs. 5000/- in default S.I for one year. Aggrieved thereby, the appellant has approached this Court by filing the present appeal.

(2.) The facts and circumstances giving rise to the filing of the appeal is that on 8.9.2016, a written FIR was lodged by B. Clement of Chhuarlung village before the of ficer-in-charge of Siaha Police Station informing that on 07.09.2016 one women Elizabeth (34 yrs) was found dead inside her jhum hut and his mother Sideii (65 yrs) was also found dead in the jhum field about 10 meters away from the jhum hut. Both of them were seriously injured with blood stains and it was strongly suspected that they must have been brutally murdered. Hence, Siaha PS C/No. 91/16 dt.08.08.2016 u/s 302 IPC was registered and duly investigated into. The Police party headed by the S.P, Siaha rushed to the place of occurrence and when they reached the village, the dead bodies had already been shifted to their own respective houses at Chhuarlung village. An inquest was conducted over the dead bodies in the presence of witnesses. The dead bodies were then forwarded to the Medical Officer for Post-mortem Examination (PME). The PME report of both the deceased persons was that the cause of their death was due to head injury caused by massive blows. The place of occurrence was visited and a sketch map of the same was drawn. There was bloodstain on the floor though some of the stains were partly washed away by the local NGO members who had reached the place early before information was given to the police. Bloodstained firewood, carrier rope and a hoe was seized from the P.O. Several suspected persons were interrogated and consequently, from the light of interrogations and on the interrogation of the appellant, a prima facie case against the appellant under Section 302 IPC was found and the case I.O submitted the charge sheet before the Court.

(3.) In due course, after committal of the case to the Court of Session, the learned Session Judge, Lunglei, commenced the trial of the case after observing all the required legal formalities.