SURJYA KUMAR CHAKMA Vs. STATE OF MIZORAM

JUDGEMENT

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

(2.) The present appeal is against Judgment and Order dated 14.02.2013 passed by the learned Sessions Judge, Lunglei in Crl. Tr. No. 146/2009, wherein, the appellant has been convicted under Sec. 302 Penal Code r/w Sec. 27 Arms Act, 1959 and sentenced to undergo Life Imprisonment under Section 302 Penal Code and another 2 years under Sec. 27 Arms Act, 1959 with a fine of Rs. 1,000/ -, in default S.I for a period of 1 month. The sentences are to run concurrently.

(3.) The prosecution story in brief is that on 05.05.2004, Smt. Paddha Sashi Chakma, W/o Nutan Kumar Chakma of Kamalanagar -II submitted a written report to the Officer -in -Charge, Chawngte Police Station to the effect that on 05.05.2004, at 2:30, am her husband Sh. Nutan Kumar Chakma, Vice Chairman, Planning & Development Committee, CADC was shot at their residential house with a gun for which he was immediately taken to Chawngte Civil Hospital and expired shortly thereafter. Hence, the Officer -in -Charge, Chawngte Police Station registered a criminal case vide Chawngte P.S. Case No. 4/2004 dated 05.05.2004 under Section 302/120(B) Penal Code read with 25(IB)(a)/27 Arms Act and duly investigated into. Investigation of the case was initially taken up by Inspector M.C. Dothuama O/C, Chawngte Police Station but subsequently the same was entrusted to S.K. Singh, SDPO, Chawngte vide S.P. Lawngtlai order No. SR -3/04/CWTE -PS(Murder)/33 dated 11.05.2004.