LAWS(GAU)-2016-12-16

SH. THAWNGCHUNGBIK Vs. STATE OF MIZORAM

Decided On December 08, 2016
SH. THAWNGCHUNGBIK Appellant
V/S
STATE OF MIZORAM Respondents

JUDGEMENT

(1.) Heard Mr. J.C. Lalnunsanga, learned Amicus Curiae and Mr. A.K. Rokhum, learned Public Prosecutor, Mizoram.

(2.) This appeal has been filed against the impugned Judgment and Order dated 12.12.15 passed by the learned Sessions Court, Lunglei in Criminal Trial No. 562/2013, arising out of Saiha PS Case No. 135/2013 under Section 302 IPC, wherein the appellant has been convicted and sentenced to imprisonment for life and to pay a fine of Rs. 1000/-, in default, 30 days.

(3.) The prosecution case in brief is that on 11.10.2013 @11:30pm, one Tluangtincheuva S/o Hrinhniara (L) of Khawmawi Village submitted a written report to the O/C Lawngtlai P.S to the effect that his wife Dawthahleiiangi @Pumpumi 36 years was murdered by his domestic servant Thawngchungbik of Halkha Myanmar on 11.10.2013@ 9:30 pm at their residence Khawmawi village by using a knife. Hence O.C. Lawngtlai registered a Lawngtlai PS Case No. Zero u/s 302 IPC r/w section 6 @PP (EII) Rule, 1950 dated 11.10.2013, which was duly investigated into. After conducting preliminary investigation O/C Lawn-gtlai transferred the case to O/C Lunglei for completion of the case, as the place of occurrence fell under Lunglei P.S. jurisdiction. O.C., Lunglei subsequently registered a case vide LLI P.S. C/No. 135/2013 u/s 302 IPC r/w 14 Foreigner Act dated 26.10.2013 and continued the investigation.