(1.) This appeal is directed against the judgement and order dated 10/06/2010 passed by the Learned Addl. District & Sessions Judge, Lunglei in Crl. Tr. No. 152/2009 convicting the accused appellant under Section 302 IPC. The prosecution story in brief is that on 11/08/2005, at about 7.00 p.m., the accused appellant had an argument with the deceased and resultantly had beaten her up using fire wood and the deceased succumbed to the injuries she had sustained. Narrating the said fact, an FIR was ledged on 12/08/2005 at about 7.30 a.m. which was registered as Lunglei P.S. Case No. 174/2005 under Section 302 IPC and the police started investigation and on completion of the same, charge sheet was submitted under Section 302 IPC. Charge under the said section having been framed, the accused appellant was explained of the same and he pleaded not guilty of the charge. Be it stated here that the accused appellant was arrested on 12/08/2015 and since then is in jail custody and by now has completed more than 10 (ten) years.
(2.) During trial, the prosecution examined 14 witnesses including the I.O. and the Doctor who had conducted the post-mortem examination. Defence also examined two witnesses and the statement of the accused-appellant under Section 313 Cr.P.C. was also recorded. The learned trial Court by its impugned judgement and order dated 10/06/2010 having convicted him under section 302 IPC sentencing him to undergo life imprisonment with a fine of Rs. 3,000/- and in default further R.I. for 30 days, the accused appellant has preferred this appeal.
(3.) From the materials on record, it appears that the petitioner had earlier approached this Court by filing another appeal being Criminal Appeal No. 1/2009 and the said appeal was against the judgement of conviction dated 01/07/2008, by which he was convicted under Section 302 IPC. The appeal was disposed of by judgement and order dated 29/10/2009 remanding the matter back to the learned Trial Court for fresh recording of the statement of the accused appellant under Section 313 Cr.P.C. After doing that the learned Trial Court again having convicted the accused appellant vide the impugned judgement dated 10/06/2010, he has preferred this appeal.