L LAIKHO Vs. STATE OF MIZORAM

JUDGEMENT

(1.) THIS criminal Appeal from jail is preferred by the accused/appellant, namely, L. Laikho being aggrieved by the judgment and order of conviction dated 08.12.2010 passed by learned Additional Sessions Judge, Lunglei Judicial District, Lunglei in Criminal Trial No. 145/2009 arising out of Tuipang Police Station Case No. 7/2005 by which the appellant/accused had been convicted under Section 304 of the Indian Penal Code and sentenced him for imprisonment of 10 years and fine of Rs. 5,000/ -, in default, imprisonment for another 50 days, setting off the period of detention already undergone by him.

(2.) THE prosecution case, as it emerges from the First Information Report dated 29.10.2005 (Exhibit -1) lodged by the informant H. Harold, PW.1, is that his sister Hnipaw, wife of the accused L. Laikho of Serkawr died on 13.09.2005, while she and her husband were in their Jhum hut and he had suspicion with regard to the death of his sister and therefore, requested the authority to take necessary action under the law.

(3.) ON receipt of said FIR, Tuipang P.S. Case No. 7/2005 corresponding to G.R. Case No. 267/2005 under Section 302 IPC of the Indian Penal Code was registered.