JAMIR AHMED Vs. STATE OF MIZORAM

JUDGEMENT

(1.) Heard Mr. Joseph L Renthlei, learned counsel for the appellant and Mrs. Linda L Fambawl, learned Addl. Public Prosecutor for the State. This is an appeal filed by the appellant against the Judgment dtd. 11/10/2022 passed by the Court of Addl. Sessions Judge, Aizawl in Sessions Registration No. 90/2018 by which, the appellant was convicted under Sec. 302 of the Indian Penal Code (IPC) and also an appeal against the order of sentence dtd. 12/10/2022 by which, the appellant on his conviction under Sec. 302 of the IPC was sentenced to undergo imprisonment for his remaining life and also to pay a fine of Rs.5000.00 with a default clause.

(2.) The case of the prosecution in brief is that a written FIR was lodged by Jakir Hussein, S/o Tayahir Ali of Keutkona, Karimganj District, Assam, present address Bawngkawn, Aizawl to the effect that his brother Abu Bakkar Sidek aged 30 yrs., with present address Dam Veng, Aizawl was found dead inside their rented house in the morning of 31/3/2018 at around 3:00 AM. He had a fatal injury on his head and he appeared to have been murdered. Kulikawn P.S Case No. 43/2018 dtd. 31/3/2018 under Sec. 302 IPC was registered and investigated into.

(3.) During the investigation, the case I/O visited the place of occurrence under the supervision of the Sub-Divisional Police Officer (Aizawl South) and the Officer-In-Charge of Kulikawn Police Station alongwith the Forensic Science Laboratory (FSL) Team. A sketch map of the place of occurrence was drawn and the suspected murder and chance print on it as well as blood sample of the victim and the Inner Line Permit (ILP) of the accused was seized in the presence of the witness. Inquest was conducted and the complainant and other witnesses were examined and their statements recorded. The judicial statements of the two roommates of the victim and the accused were recorded. The call details of the accused were obtained from CID (SB) which showed that the accused was available at Karimganj. A requisition was made to the Karimganj Police Station to locate and detain the suspect Jamir Ahmed and he was accordingly detained at Karimganj Police Station. A warrant of arrest was obtained from the Chief Judicial Magistrate (CJM), Aizawl and the police party proceeded to Karimganj Police Station to arrest the suspect. The police party produced the suspect at Kulikawn Police Station where he was formally arrested and an intimation was given to his relatives. During interrogation, he admitted to his guilt and his judicial statement was also recorded. The case I/O, upon finding a prima facie case under Sec. 302 IPC against the accused, filed the charge-sheet. A charge was framed under Sec. 302 IPC against the accused which was read over and explained to him in the language known to him and to which, he pleaded not guilty and claimed trial. The prosecution, in order to establish the charge against the appellant, produced and examined 11 prosecution witnesses out of the 14 prosecution witnesses that was cited. As for the defense, no witness was examined except for cross-examining the prosecution witnesses. The appellant was examined under Sec. 313 Cr.P.C and thereafter, upon hearing the parties, the learned Trial Court passed the impugned judgment of conviction and the order of sentence in the manner as already stated herein above.