VANLALHLUA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) Heard Mr. Johny L. Tochhawng, learned counsel for theappellant and Mr. C. Zoramchhana, learned Public Prosecutor for the State.

(2.) This is an appeal directed against the Judgment and Order dtd. 23/11/2020 passed by the Addl. District and Sessions Judge in SC No. 98/2014 arising out of Criminal Trial No. 1267/2014 convicting the appellant under Sec. 302 of the Indian Penal Code (IPC). The appeal is also directed against the Order of Sentence dt. 25/11/2020 by which the appellant on being convicted under Sec. 302 IPC was sentenced to undergo life imprisonment and to pay fine of Rs.50,000.00 and in default, to undergo a further imprisonment of six months.

(3.) The case of the prosecution in brief is that the dead body of one Smt. Vanlalsiami (hereinafter referred to as the deceased) was found amongst the shrubs in Bawngkawn Brigade area on 4/7/2014 at around 9.00 am with her throat slit apparently by a sharp weapon. As a result, one Mr. Rosanga, who is the elder brother of the deceased, lodged an FIR before the Bawngkawn Police Station on 4/7/2014 and the same was registered as Bawngkawn PS case No. 134/2014 dtd. 4/7/2014 under Sec. 302 IPC. Following the registration of the case, the police conducted investigation and subsequently, filed the charge sheet against the appellant and his brother Sh. Vanlalchhuanga on 2/10/2014. Thereafter, charge under Sec. 302 IPC was filed against the two accused persons and to which, they pleaded to be not guilty and claimed for trial. As a result, trial against the two accused persons commenced.