LALRINDIKA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) HEARD Mrs. Dinari T. Azyu, learned Amicus Curiae appearing on behalf of the appellant as well as Mr. Lalsawirema, learned Addl. Public Prosecutor, Mizoram appearing on behalf of the State.

(2.) THIS is an appeal from jail challenging the judgment and order dated 4.5.2012 passed by the learned Addl. District and Sessions Judge, Aizawl Judicial District, Aizawl in Crl. Tr. No. 2639/2004 under section 302 IPC whereby the accused was sentenced to undergo R.I. for 5 (five) years under Section 304 (II) IPC.

(3.) THE learned Amicus Curiae, at the outset, submits that there was no hearing on the sentence as provided under section 235(2) of Cr.P.C. and therefore submits that without entering into the merit of the case, the matter should be remanded back to the learned Court below. On the submission made by the learned Amicus Curiae, this Court has gone into the records of the learned trial Court and has perused the same. By the order dated 4.5.2012 of the learned trial Court, it is clear that no hearing was done on the sentence as provided under section 235(2) of Cr.P.C. Paragraph 10 of the judgment dated 4.5.2012 passed by the learned District and Sessions Judge, Aizawl is reproduced hereinbelow : -