LALREMRUATA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) HEARD Mr. Vanlalnghaka, learned Amicus Curiae appearing for the appellant/accused as well as Mr. A.K. Rokhum, learned Public Prosecutor appearing for the State of Mizoram.

(2.) THIS appeal from Jail is directed against the judgment and order dated 14.12.2011 passed by the learned Additional Sessions Judge -I, Aizawl in Crl. Trial No. 1229/2005 whereby the accused/appellant was convicted under Section 302 IPC and sentenced to suffer Rigorous Imprisonment(RI) for life with a fine of Rs. 2000/ -, in default, R.I. for 2 (two) months. By the said judgment, the accused/appellant was also convicted under Section 380 IPC and sentenced to suffer R.I for 3 (three) years with a fine of Rs. 1000/ -, in default, R.I for one month. The sentences are to run concurrently.

(3.) AN ejahar was lodged on 04.08.2005 by one F. Lalhriata, who is PW1, before the Officer -in -Charge, Serchhip Police Station stating that his mother Smt. Zopuii, who was not keeping good health and was alone at home, was found lying dead on the bed by her grandson Lalchhanhima, who is PW5, on 03.08.2005 when he returned home from work at around 5.30 pm. It was found that her neck was broken and, therefore, it was suspected that it was a case of murder. It was further stated in the ejahar that the deceased used to keep a wallet tied to her waist and a sum of Rs. 3,000/ - to Rs. 5,000/ -, which was believed to be in the wallet, was also found missing. Accordingly, Serchhip P.S. Case No. 81/2005 under Sections 302/ 380 IPC was registered. Police started investigation and inquest was also done on 04.08.2005. Post -mortem examination was conducted. The accused/appellant was arrested on 03.09.2005. On conclusion of investigation, charge sheet was submitted under Sections 302/376/380 IPC against the accused/appellant. Charge under Section 380/376(i)/302 IPC was framed and the same having been read over, the appellant pleaded not guilty and claimed to be tried.