STATE OF MIZORAM Vs. KISHAN SINGH

JUDGEMENT

(1.) This is an appeal against the acquittal arising out of judgment dated 31.7.90 passed by the Additional Deputy Commissioner (J) Lunglei in G.R.Case No. 67 of 1975 thereby acquitting the accused respondent on the charge under Section 302 IPC giving him the benefit of doubt

(2.) Before proceeding any further in the matter, it needs to be noted that the Judiciary has not yet separated from the Executive and the Mandate and Message of Article SO of the Constitution still remains a printed word even in the 50th year of the Independence of the Country. This observation has become necessary in the context of this case which was disposed of 15 years after the commission of offence and the Appeal is being decided today exactly 7 (seven) years after the delivery of the judgment of the trial Court. 22 years have elapsed between the date of commission of Offence, the trial of the accused and disposal of the appeal.

(3.) The criminal justice is stilt administered by me Deputy Commissioner and his Assistants as contemplated in the Rules for the Regulation of the Procedure of Officers Appointed to Administer Justice in the Lushai Hills, 1937. Even going by the provisions contained in Regulations particularly Regulation 11, which dictates expeditious disposal of criminal cases. The case at hand has taken 15 years at the trial stage and another 7 years for disposal of the appeal, a sad commentary in itself. It is the time and in need of rather that the Judiciary is separated from the Executive and the sooner it is done is better in the interest of the people of this State.