SH. RUNROTHANGA Vs. STATE OF MIZORAM AND ORS.

JUDGEMENT

(1.) AND ORDER (Oral) - Heard Mr. Joseph Mangsuanhau, learned Amicus Curiae for the appellant and Mrs. Linda L. Fambawl, learned Addl. Public Prosecutor, Mizoram.

(2.) This appeal has been preferred against the Judgment and Order dated 28.01.2016 passed by the learned Additional Sessions Judge, Lunglei Judicial District, Lunglei in Criminal Trial No. 40/2014 convicting the appellant under Section 302 of the Indian Penal Code (IPC) and sentencing him to undergo Rigorous Imprisonment (RI) for life with fine of Rs. 5000/- with a default clause to further undergo Simple Imprisonment (SI) for one month in case of failure to pay the fine.

(3.) Prosecution case in brief is that one Ralthiaua S/o Hrangzika of Saihatlangkawn-III lodged a first information before the Officer-in-Charge of Saiha Police Station on 10.07.2014 stating that his sister C. Hniarchiai w/o Runrothanga of Saihatlangkawn-III was found dead in the Jhum hut near the Tuitlawk river on that date itself at around 10.00 am. Suspecting murder, he requested the police to take necessary action. The said first information was treated as First Information Report (FIR) and on the basis of the same, Saiha PS Case No. 35/2014 was registered under Section 302 IPC.