JAMES P. DAWNGLIANA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) Heard Mr.Lalfakawma, learned Amicus Curiae appearing for the appellant and Mr. C. Zoramchhana, learned Public Prosecutor, Mizoram for the respondent.

(2.) This is an appeal against the Judgment and Order dtd. 6/12/2016 passed by the Addl. Sessions Judge-II, Aizawl Judicial District, in Crl.Tr.No. 359/2016, convicting the appellant under Sec. 304 (Part-I) IPC and sentencing him to undergo R.I 10 (ten) years and pay a fine of Rs.2000.00in default to undergo SI for 30(thirty) days vide its order dtd. 7/12/2016.

(3.) The prosecution case in brief is that S.I. Malsawmtluanga submitted enquiry report on 23/10/2015 at around 3:00 Am to the effect on 23/10/2015 at around 00:15 hrs information was received over telephone at Thenzawl Police Station from one Shri J. Lalchhanhima of JNV, Thenzawl to the effect that one Smt. Zonunsangi, w/o J.P. Laldawngliana had been found dead in their rented house. In the course of enquiry, the P.O. was carefully examined and inquest was held over the dead body of the victim Zonunsangi. A firewood measuring 2 feet with long hair stuck on it, suspected to be used for killing her was seized on the spot. The husband of the victim, James P. Laldaw-ngliana was apprehended and interrogated at the Police Station andhis statement was recorded. At the time of interrogation, James P. Laldawngliana admitted his guilt,stating that he had burnt his wife by pouringkerosene on her, and hit her on her head with firewood in their residence. As a result, his wife succumbed to her injury on the spot. Hence, TZL PS Case No. 22 of 2015 dtd. 23/10/2015 u/s 302 IPC was registered and investigated by S.I. Malsawmtluanga.