SH. LALHMINGMAWIA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) AND ORDER (CAV) - S.I. (J.H. Sanghmingthanga) of Champhai Police Station lodged an FIR on 14.7.2011 before the Officer in Charge, Champhai Police Station stating that on the night of 13.7.2011 at about 10.00 pm, one Lalhmingmawia (appellant) appeared before the Police Station and surrendered himself stating that in the night of 13.7.2011 at about 9.20 pm, he had shot dead one Guardman namely, Darthanzama inside Guard duty Barrack, Jail Veng, Champhai by using service .303 Rifle. On receiving the information, the informant along with party rushed to the spot and on arrival, he enquired the matter by conducting police inquest over the dead body of G/M No. 626 (MRHG) Darthanzama and observed all available formalities. He, therefore, requested to register a case against the arrested accused. On the basis of the FIR, CIP PS Case No. 97/11 dated 14.7.2011 under Section 302 IPC r/w 27(3) Arms Act, 1959 was registered. Thereafter, investigation began. After completion of the investigation as a prima facie case was found well established under Section 302 IPC r/w 27(3) Arms Act against the accused Lalhmingmawia, chargesheet No. 131/11 dated 29.9.2011 was filed before the Chief Judicial Magistrate, Champhai. As the case was triable exclusively by the Court of Sessions, the same was transmitted to the Court of Sessions, Aizawl for trial. Thereafter, charge was framed under section 307 r/w 27(3) of Arms Act to which the accused pleaded not guilty. Accordingly trial began. In the course of trial, the prosecution examined 11 witnesses and the accused was also examined under section 313 CrPC, 1973. Thereafter, on completion of trial and upon hearing the parties, the learned District & Sessions Judge, Aizawl by judgment and order dated 21.8.2013 passed in Crl.Tr.No. 2483/2012 173/11 under Section 302 IPC r/w 27(3) Arms Act, 1959 convicted and sentenced the accused to undergo Rigorous Imprisonment for life with a fine of Rs. 1000/- and in default Rigorous Imprisonment for one month. The said judgment and order dated 21.8.2013 passed by the learned District and Session Judge, Aizawl is under challenge in the present appeal from Jail.

(2.) For a proper adjudication of the case in hand, the evidences are reexamined herein. PW1 is the complainant/informant. In his statement, he stated that on the night of 13.7.2011 while he was on duty at Champhai Police Station, the accused surrendered himself at the Police Station stating that on the night of 13.7.2011 at about 9.20 pm, he had shot one Guardman namely, Darthanzama inside duty barrack, Jail Veng, Champhai by using service .303 rifle and the said victim died on the spot. After receiving the said information, the O.C, Champhai Police Station endorsed him for further enquiry. Accordingly, he visited the place of occurrence and seized the .303 rifle B/No.106, one magazine, one empty cartridge, 2 nos. brass palette, 2 nos. GCI sheet containing bullet hole, Guard duty register book w.e.f. 10.5.2001, MRHG uniform (khaki kamis and trouser with blood stain) and prepared the seizure memo at the spot in the presence of two witnesses. He also recorded the statement of the witnesses and also conducted inquest over the dead body. He also stated that he submitted a complaint to the O.C., Champhai Police Station. He identified the FIR submitted by him as Exhibit P-1 and Exhibit P-1(a) as his signature. He also identified Exhibit P-2 which is the seizure memo and his signature as Exhibit P-2 (a). Exhibit P-3 was also identified as the inquest report and Exhibit P-3 (a) as his signature. He further identified Exhibit M-1 as the seized article. In cross examination, he stated that he did arrest the accused and as he did conduct the enquiry into the incident relating to the murder of the deceased, he does know the circumstances under which the accused had committed the alleged offence upon the deceased.

(3.) PW2 stated that in the year 2011 he was posted at Champhai Jail and on 13.7.2011, he attended roll call at around 5.00 pm for the said night. He also stated that the victim Darthanzama and the accused were present at that particular time. He stated that he did hear anything as he was sleeping. However, he saw the victim lying on the bed unconscious and thought that the victim had passed away. After some time the police person came for investigation. In cross examination, he stated that he was in deep slumber at the relevant time of the accident. He did hear any sound of gunshot and he was an eye witness to the incident. When he was awakened by his colleague, he came to realize that the deceased was shot dead and he saw the death body lying on the bed.