ABDUL KALAM Vs. STATE OF MIZORAM

JUDGEMENT

(1.) This Jail appeal is directed against the judgment dtd. 16/3/2021 passed by the learned Additional District and Sessions Judge, Aizawl, Mizoram in Sessions Case No.29 of 2019 arising out of Crl.Tr No.331/2019 convicting the appellant for offence under Sec. 302 of Indian Penal Code and sentencing him to undergo rigorous imprisonment for life and also to pay fine of Rs.60,000.00 and in default for another period of 6 months.

(2.) This case has arisen out of the telephonic information received by the officer-in-Charge, Aizawl Police Station from one Shri Jimmy Vanlalmawipuia stating that on 10/6/2018 at about 11.00 PM his father Rokamlova (PW-2) received a phone call from one Bengali Muslim a tenant in his house that his fellow roommate was murdered by some unknown miscreants. On receipt of the said information, the Police team rushed to the residence of PW-2. On reaching the spot, they broke open the pad lock of the room in presence of informant and local leaders. On inquiry into the room, they found one dead body was lying over water basin on the floor in prone position with a pool of blood. Accordingly, the IO informed the Aizawl Police Station and requested for requisition of FSL team. Accordingly, the FSL team arrived and they immediately initiated technical investigation; took photograph of the room, dead body and other relevant marks. One chance print from one small empty distemper bucket was also lifted. After the FSL team completed their investigation, the I.O. held inquest over the dead body of the deceased identified as Hussain Ahmed of Karimganj, Assam. Thereafter, the dead body of the deceased was forwarded to the Civil Hospital Aizawl for Post Mortem examination. The I.O then reported the same to the Officer-in Charge of Aizawl P.S. who thereupon had registered a case being Aizawl P.S Case No.128/2018 under Sec. 302 IPC.

(3.) During the course of investigation, the IO examined and recorded the statement of all the relevant witnesses, arrested the accused person Abdul Kalam from Assam. On interrogation the accused confessed his guilt of commission of the alleged offence. The accused also made a disclosure statement leading to the recovery and seizure of a kitchen knife used by him for killing the deceased.