VANLALNUNA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) Heard Mr. T. Lalzekima, learned Amicus Curiae and Ms. Mary L. Khiangte, learned Addl. PP, Mizoram.

(2.) The appellant/convict has prayed for setting aside the Judgment and Order dtd. 20/11/2019 passed by the Court of Addl. District and Sessions Judge, Aizawl, by which the appellant has been convicted under Sec. 302 IPC and sentenced to imprisonment for life with a fine of Rs.3,000.00, i.d. S.I for 3 (three) months. The appellant has also been convicted under Sec. 14 of the Foreigners Act, 1946 and sentenced to imprisonment for a period of 3 (three) months. The sentences were to run concurrently and the detention period undergone was also to be set off.

(3.) The facts of the case in brief is that on 7/7/2017, a written FIR was received by the Aizawl Police Station from Sh. K. Lalher-liana, PW-1, stating that his employee, the appellant had assaulted his (the appellant's) wife, Smt. Cheuzakimi, in his farm at Maubawk, Aizawl, due to which the victim succumbed to her injuries on the spot. Aizawl P.S. Case No. 303/2017 dtd. 7/7/2017 under Sec. 302 IPC was registered against the appellant. After investigation was conducted and post mortem of the dead body showed that the cause of death was due to head injuries, multiple fractures of ribs, fractures of arm bone and leg bone, Charge-sheet was filed against the appellant.