LALHMACHHUANA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) Heard Mr. Joseph L. Renthlei, learned Amicus Curiae and Mr. C. Zoramchhana, learned Public Prosecutor, Mizoram.

(2.) This appeal has been filed against the Judgment and Order dtd. 11/3/2021 passed by the Court of the Additional Sessions Judge, Aizawl in SC No. 112/2019, arising out of Criminal Trial No. 1822/2019, by which the appellant has been convicted under Sec. 429 r/w Sec. 511 IPC and Sec. 3(a) of the Explosive Substances Act, 1908. The appellant was thereafter sentenced vide Sentence Order dtd. 12/3/2021 to undergo 1 year imprisonment with a fine of Rs.5000.00, in default Simple Imprisonment for 2 (two) months under Sec. 429 r/w Sec. 511 IPC. He was also sentenced to undergo 10 years Rigorous Imprisonment with a fine of Rs.5000.00, in default Simple Imprisonment for 2 (two) months under Sec. 3(a) of the Explosive Substances Act, 1908.

(3.) The facts of the case is that an FIR was lodged on 8/7/2019by one Mr. Lalbiaknia with the Serchhip Police Station, stating that the appellant had blasted his fish pond on 8/7/2019,between 2-3 pm, with a gelatine stick. On reaching the pond he found 100 deadfingerlings (small fish)which costed around Rs.500.00. On the basis of the complaint made, SRCP P.S. Case No.35 of 2019 dtd. 8/7/2019 was registered under Sec. 429/379/500 IPC, r/w Sec. 3(a) of the Explosive Substances Act, 1908.