EPHRAIM LALHNAMA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) Heard Mr. Lalramdinthara, learned Amicus Curiae for the appellant. Also heard, Mrs. Mary L. Khiangte, learned Addl. Public Prosecutor for the State respondent.

(2.) The instant appeal is directed against the Judgment and Order dtd. 5/6/2024 passed by the Additional District and Sessions Judge -I, Aizawl District, Aizawl in Sessions Case No. 103/2023 arising out of Bawng-kawn P.S Case No. 629/2023 under Sec. 307/326/324 IPC. The appellant has been convicted for a period of 8 years Rigorous Imprisonment (R.I) and fine of Rs.5000.00 with a default clause to undergo another period of 5 months R.I for the offence under Sec. 307 IPC. He has also been sentenced to undergo 7 years R.I with a fine of Rs.10,000.00 and in default to undergo another period of 3 months R.I for the offence under Sec. 326 IPC. The accused/appellant is also sentenced to undergo 2 years R.I with a fine of Rs.1000.00 and in default to suffer another 2 months imprisonment for the offence under Sec. 324 IPC. It was directed that all the 3 sentences shall run concurrently.

(3.) The prosecution case in brief is that on 5/9/2023, at around 6:50 pm, a written FIR was lodged by the PW-1, who is the son of the PW-2 and PW-3/victims that on 5/9/2023, at 5:00 pm, his younger brother, the accused has assaulted his parents and attempted to kill them by hitting on their heads with a wooden pestle (Mizo Suk). Hence, he prayed to the authorities to take legal action against the accused for attempting to kill his parents. The instant case was registered against the accused under Sec. 307 and 326 IPC and it was duly investigated.