SHRI LALTANPUIA Vs. THE STATE OF MIZORAM

JUDGEMENT

(1.) AND ORDER - This appeal is directed against the judgment and order dated 08.02.2012 rendered by the Additional Sessions Judge, Aizawl. By the said judgment, the accused appellant Laltanpuia was convicted under Section 302/379/427/201 IPC. The accused appellant was sentenced to undergo imprisonment for life and to pay fine of Rs. 2000/- under Section 302 IPC and imprisonment for seven years and fine of Rs. 1000/- under Section 201 IPC, with default stipulation. The accused was further sentenced to undergo imprisonment for two years each, under Section 379 IPC and Section 427 IPC. All the sentences were directed to be run concurrently.

(2.) Prosecution case in short was that the deceased Chawnghmingthanga was driving a taxi bearing registration No. MZ-01-D/7299 belonging to PW-1, Remruatdika. On 09.12.2009, the deceased went out with the taxi as usual and he did not return during the day. At about 10 O'clock, at night, the deceased informed his wife over phone, that he was with his passenger. When the deceased did not return even on the next day, the owner of the vehicle, PW-1 lodged the FIR (Ext.6). On the basis of the said FIR, police registered a case being Aizawl P.S. Case No. 9 of 2010. During investigation, police arrested the accused and recovered the dead body of the driver on being led by accused, held inquest on the dead body and sent the dead body for postmortem examination. Police also seized during investigation, the stolen car of the PW-1 and other incrementing materials. Eventually on completion of the investigation charge sheet has been laid against the accused appellant under Section 302/379/201/427 IPC.

(3.) The offence under Section 302 being exclusively triable by the court of sessions, the case was committed to the court of session by the Judicial Magistrate. During trial charges were framed under Section 302/201/379/427 IPC, to which, the accused pleaded not guilty. Prosecution examined 26 witnesses in all to establish the charge against the accused and after completion of the prosecution evidences, the accused was examined under Section 313 Cr. P.C. In his examination under Section 313 Cr. P.C., the accused by and large admitted all the incrementing evidences brought against him indicating his involvement.