SINGNGAIHSUTA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) Heard Mr. T. Lalzekima, learned Amicus Curiae for the appellant Singngaihsuta in Crl.A. No. 4/2023(J) and Mr. F. Lalengliana, learned Amicus Curiae for the appellant Pausawmthanga in Crl.A. No. 5/2023(J) along with Mrs. Linda L. Fambawl, learned Additional Public Prosecutor for the State respondent. Both the criminal appeals are for setting aside the Judgment and order dtd. 16/6/2020 and the sentence order dtd. 19/6/2020 passed by the learned Addl. Sessions Judge, Champhai in Sessions case No. 88 of 2016 A/o Crl. TR No. 818 of 2016 wherein the appellant Singngaihsuta in Crl.A No. 4/2022(J) was convicted under Sec. 302/354A/436/506IPC and the appellant Pausawmthanga in Crl.A No.5/2022(J) was convicted under Sec. 302/436/34 IPC. Both the appellants were sentenced to undergo rigorous imprisonment for life and to pay fine of Rs.800.00 each, in default S.I for a period of 7 months. Since both the criminal appeals are arising out of the same Judgment and order they are considered together.

(2.) Brief facts of the case is that on 30/11/2015 at around 6:00 AM, Mrs. Haula-mchingi, resident of Vengthar, Champhai, lodged a written First Information Report (FIR in short) with Champhai Police Station, to the effect that on Dt.29/11/2015at around 1:11 AM, while herself and her family members were asleep, their house was set on fire and engulfed in flames. Her daughter, namely Cindy Lunmuanzovi, aged 2 years, her son Alex Ngozazuan, aged 5 years of and her mother Mrs. Ngongaihluni, aged 65 years were burned to death instantaneously. The house and all their properties were also burnt to ashes. On the submission of the FIR, the Champhai Police registered a case vide CPI-PS Case No.188/2015 dtd. 30/11/2015 under Ss. 302/436 IPC against Mr. Singngaihsuta (57) and his son Mr. Pausaw-mthanga (28), both residents of Vengthar, Champhai, Champhai District, Mizoram.

(3.) The Case I.O on investigation, found prima facie case and submitted the charge sheet against both the accused appellants under Ss. 302/436/34 IPC. Thereafter, the learned trial court framed formal charge under Sec. 302/436/34 IPC against both the accused appellants. The charges were read over and explained to them in Mizo language they both well understood to which they pleaded not guilty and claimed to be tried.