JOHNY H. LALTHAKIMA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 04/11/2011 of the learned District and Sessions Judge, Lunglei Judicial Court District, Lunglei in Criminal Trial No. 21/2011, by which the accused appellant has been convicted under Section 302 IPC with the penalty of R.I. for life.

(2.) The prosecution story in brief is that on the night on 18/09/2006 in between 12 mid-night to 5.00 a.m. in the morning, the younger brother of the first informant i.e. the deceased was found with serious injuries on his neck which was suspected to be inflicted by other person. Narrating the said incident, an FIR was lodged on 19/09/2006, on the basis of which Lawngtlai Police Station Case No. 72/2006 was registered under Section 326 IPC. In due course it was converted to one under Section 302 IPC as in the meantime the injured died in the hospital. On completion of the investigation that was carried out, charge sheet was submitted and the charge under Section 302 IPC having been framed, the trial started.

(3.) During trial, the prosecution examined 16 witnesses and the statement of the accused appellant was also recorded under Section 313 Cr.P.C. Although the prosecution referred to the purported confessional statement of the accused appellant but the fact of the matter is that the Judicial Magistrate recorded the said confessional statement was not examined during the trial.