LALRINTLUNGA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) A criminal action was set in motion by lodging first information by Smt Lalthlamuani (P.W. 1) alleging that on 10/12/95 while she and her husband namely Zarzoliana was burning charcoal in their garden at Zawngsih area, the appellant came to the place between 9 am to 10 am with a gun and without any provocation shot at her husband at the back of his head and thereafter shot her also on the face and in the arm. It has also further been alleged that when she told her husband to escape, the appellant again shot at her husband in around his face and again on his back, as a result of which he fell down. Thereafter the first informant fled away from the scene. The police on receipt of the said information registered BKN Police Station case No. 528/95 under Sections 397/302 IPC. Upon completion of the investigation charge sheet was filed against the appellant and thereafter on being committed charge under Sections 302 / 307 IPC read with Section 25(1)(a) of the Arms Act was framed by the learned Additional District Magistrate (J), Aizawl.

(2.) The prosecution in order to bring home the charge against the accused appellant examined as many as 17(seventeen) witnesses including the first informant namely Smt. Lalthlamuani, the wife of the deceased, who saw the incident and who was also injured by the gunshot fired by the accused appellant as well as the doctor who conducted the post-mortem examination on the dead body of the husband of the informant and also the doctor who treated the informant for the injury suffered by her. The learned trial court has also recorded a 'confessional statement' of the accused appellant which was exhibited as exhibit P-9 during the course of trial and thereafter examined the accused under Section 313 Cr.P.C. The learned Judge, Fast Track Court, Aizawl vide judgment and order dated 22/1/2004 recorded the finding of guilt against the appellant under Section 302 IPC and sentenced him to under go rigorous imprisonment for life and to pay a fine of Rs. 2000/-, in default to under go rigorous imprisonment for further one month. Hence the present appeal by the appellant.

(3.) Under the provision of Rule 9 of the Rules for the Regulation of the Procedure of Officers Appointed to Administer Justice in the Lushai Hills 1937, (for short 1937 Rules) a sentence of imprisonment of seven years and upwards is subject to confirmation by the High Court for which the learned trial court is required to make a reference. Since no reference case has been placed before this court, for confirmation of the sentence of imprisonment for life passed in the instant case, at the time of hearing of this appeal, this court vide order dated 16-5-2005 directed the Registry to ascertain as to whether any reference for the confirmation of the judgment of conviction and sentence has been made to this court as provided under the said provision of law. It appears from the office note dated 16-9-2005 that no such reference for confirmation of judgment of conviction and sentence has been made by the trial court. Therefore, this court has proceeded to hear the criminal appeal filed by the convict, from the jail, against the aforesaid judgment and conviction.