LALMUANPUIA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction dated 7th December, 2012 of the learned Additional District & Sessions Judge-V, Aizawl Judicial District, Aizawl passed in Criminal Trial No.1684/2006 (State of Mizoram Vs. Lalmuanpuia). By the said judgment, the accused/appellant has been convicted under Section 302 IPC. However, he has been acquitted of the charge under Section 27 of the Arms Act, 1959. Upon such conviction, he has been awarded with the punishment of imprisonment for life with fine of Rs.10,000/- (Rupees Ten Thousand).

(2.) The prosecution story in brief is that on 24th December, 2006, the accused/appellant belonging to 3rd BN of Mizoram Armed Police (MAP) had shot and injured, the son of the first informant, at around 9:00 PM by using his service rifle AK-47 and that the injured succumbed to his injuries. On receipt of the FIR lodged on 25th December, 2006, Marpara Police Station Case No.11/2006 was registered under Section 302 IPC read with Section 27 of the Arms Act. With the registration of the FIR, the police swung into action and carried out the investigation. Seizure etc. were also made. On completion of the investigation, charge-sheet having been filed, in consideration of the same, charge was framed against the accused/appellant under Section 302 IPC read with Section 27 of the Arms Act. The charge being explained to the accused/appellant, he pleaded not guilty of the same and claimed to be tried. Accordingly trial started, during which the prosecution examined 9(nine) witnesses including the Investigation Officer and the Doctor, who conducted the post mortem examination. The accused also examined himself as DW-1. He was also examined under Section 313 Cr.PC.

(3.) The learned Trial Court on the basis of the evidence on record having convicted the accused/appellant, he has preferred this appeal from jail.