F LALHMACHHUANA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) HEARD Mr. L.H. Lianhrima, learned Amicus Curiae appearing on behalf of the appellant as well as Mr. Lalsawirema, learned Addl. Public Prosecutor appearing on behalf of the State respondent.

(2.) THIS appeal is directed against the judgment and order dated 29.11.2012 passed by the learned Addl. District and Sessions Judge -IV, Aizawl Judicial District, Aizawl in Criminal Trial No. 1505/2007 under Section 302 IPC whereby the accused was convicted and sentenced to undergo Rigorous Imprisonment for a period of 5 years under Section 304 Part -II IPC. The case of the prosecution is that the father of the deceased had filed an FIR on 01.11.2007 before the Saitual Police Station stating that on the night of 29.10.2007 his son Lalhmingliana was stabbed on his ribs by his elder brother Lalhmachhuana. His son Lalhmingliana was admitted to Saitual CHC on 13.10.2007 and, therefore, was referred to Aizawl. While proceeding to Aizawl Civil Hospital on the night of 31.10.2007, he succumbed to his injuries on the morning of 1.11.2007. He, therefore, requested to take necessary action in connection with the incident. On the basis of the FIR Saitual Police Station Case No. 45/2007 under Section 302 IPC was registered. On completion of investigation, charge under Section 302 IPC was framed against the accused and during the course of trial, the prosecution examined 9 (nine) witnesses. The accused was also examined under Section 313 CrPC and the defence did not lead any evidence.

(3.) FROM a perusal of the LCR, the PW3, PW4, PW5, PW6 and PW7 were dropped from the list of prosecution withnesses by orders dated 2.3.2010, 21.4.2010, 18.6.2010 and 4.2.2011 respectively. Pw1 was the Medical Officer at Saitual CHC and in his examination -in -chief, his findings are recorded as below: -