ROHLUPUIA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) This criminal appeal is directed against the judgment and order, dated 01.06.2004 passed by the learned Addl. Dy. Commissioner, Champhai District, Champhai, in G.R. Case No.323 of 2003, convicting the accused-appellant under section 307 I.P.C. and sentencing him to suffer R.I. for a period of 10 years.

(2.) The case of the prosecution, as unfolded at the trial, may, in brief, be stated as follows:- On 24.12.2003 at about 2 p.m., the accused-appellant came home at Hermon Veng Khawzawl in intoxicated condition. Seeing his father, Zatinduna, sitting at the veranda of their house, the accused-appellant felt angry, for his parents had not been .giving him money despite demands raised by him. So enraged, the accused-appellant broke three tiles of the wall and on hearing the commission, when his father came and tried to stop him, the accused-appellant threw his father on the floor of the house, caught hold of his neck and started strangulating him. Hearing, however, the hue and cry raised by Zatinduna, their neighbours arrived and rescued him. The accused-appellant's father, Zatinduna, lodged an FIR on 24.12.2003 at 4.30 p.m. with Khawzawl P.S. and a case was accordingly registered against the accused u/s 307 I.P.C. On completion of the investigation, the police laid charge-sheet against the accused-appellant under Section 307 I.P.C.

(3.) During trial, the accused-appellant pleaded not guilty to the charge framed against him under Section 307 I.P.C. In support of their case, prosecution examined two witnesses, namely, the parents of the accused-appellant and, thereafter, the learned trial Court, having found the accused-appellant guilty of the offence charged with, convicted him accordingly and passed sentence against him as already indicated hereinabove. Hence, the present appeal.