AJMAL HUSSAIN MAZARBHUIYA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) Heard Mr. Z. Kamar, the learned Senior counsel assisted by Mr. T. A. Choudhury, the learned counsel appearing on behalf of the Appellant and Ms. Mary L. Khiangte, the learned Additional Public Prosecutor appearing on behalf of the State of Mizoram.

(2.) This is an appeal filled under Sec. 374(2) of the Code of Criminal Procedure, 1973 (for short "the Code") challenging the judgment and order dtd. 7/3/2024 as well as the sentence dtd. 20/3/2024 passed by the learned Fast Track Court, Kolasib, Mizoram (for short "the learned Trial Court") in S.C.(K) No.35/2019 arising out of Vairengte P.S. Case No.38/2017 registered under Ss. 489B/489C of the Indian Penal Code whereby the learned Trial Court had convicted the Appellant under Sec. 489B to suffer simple imprisonment for a period of 6 (six) years and to pay a fine of Rs.50,000.00, in default of payment of fine, to undergo further simple imprisonment for a period of 3 (three) months and also sentenced under Sec. 489C of the IPC to suffer simple imprisonment for a period of 3 (three) years and to pay a fine of Rs.50,000.00 in default, to further undergo simple imprisonment for a period of 3 (three) months and both the sentences were to run concurrently.

(3.) For deciding the appeal, it is relevant to take note of the brief facts which led to the filing of the instant appeal.