UNION TERRITORY OF MIZORAM Vs. VANLALLAWAMA ALIAS LALLAWMA,

JUDGEMENT

(1.) VANLALLAWAMA alias Lallawma was convicted by the Additional Deputy Commissioner, Mizoram at Aizawl, exercising the powers of the Sessions Judge, under Section 304 of the Penal Code and sentenced to Rigorous imprisonment for 10 years. He then made this reference to this Court for confirmation of the sentence.

(2.) AT an earlier state this Court felt that prima facie the conviction under Section 304 did not appear to be proper and that there was possibility of conviction of the accused under Section 302 I. P. C. and as such a rule for enhancement was issued.

(3.) THE material facts of the case briefly are that on October 16, 1965, the accused stabbed a girl, Miss Januari, deceased, with a knife, while the latter was returning home after drawing water from the water point at village, Ratu. As a result, Miss January succumbed to the injuries. After the occurrence the accused fled the place. Subsequently, he was apprehended and produced before the Officer -in -charge of the Kolasib Police Station on the 20th of October, 1965, by some Members of the Village Defence party of North Chaltlang Village. A first information report had been lodged at Aizawl Police Station, but as the occurrence took place within the jurisdiction of the Kolasib Police Station, it was sent to the latter Police Station where a case under Section 302 was registered against the accused on 23.10.1965. On completion of the investigation into the case, charge sheet under Section 302 was submitted against the accused.