STATE OF MIZORAM Vs. STEPHEN LALCHAWILIANA

JUDGEMENT

(1.) Heard Ms. Linda L Fambawl, learned Public Prosecutor for the appellant and Mr. F Lalengliana, learned Amicus Curiae for the sole respondent/accused.

(2.) Being aggrieved with the Judgment and Order dtd. 16/2/2018 passed by the District and Sessions Judge, Lunglei in Crl. Tr. No. 46/2016 convicting the respondent under Sec. 304 IPC, the State has filed the instant appeal.

(3.) The prosecution story in brief is that on 27/8/2016 at 10:30 PM, a written information was received from Abraham Zoramhluna of Zohnuai, Lunglei stating that on 27/8/2016 at around 10:00 PM, one C Lalsawmliana (the deceased) of Zohnuai, Lunglei was stabbed by Stephen Lalchawiliana (the accused/respondent), Lawngtlai, with a knife at Zohnuai, Lunglei and he succumbed to his injury. He, therefore, requested to take necessary action. As a result, Lunglei P.S Case No. 182 dtd. 27/8/2016 under Sec. 302 IPC was registered and investigated into. Upon conclusion of the investigation, the case I.O having found a prima facie case against the accused under Sec. 302 IPC submitted the charge-sheet. Charge was then framed against the accused under Sec. 302 on 21/3/2017 and to which, he pleaded not guilty and claimed for trial. Accordingly, the trial commence and during which time, the prosecution examined as many as 15 prosecution witnesses. The accused was examined under Sec. 313 Cr.P.C. The accused did not have any witness to examine in his defence. The learned Trial Court upon hearing the parties passed the impugned Judgment and Order by convicting the accused under Sec. 304 IPC,after coming to a finding that the ingredients of Sec. 300 IPC was not proved beyond reasonable doubt by the prosecution. Aggrieved, the State has filed the instant appeal.