STATE OF MIZORAM Vs. DENIS LALNUNPUIA

JUDGEMENT

(1.) WHERE non-examination of accused by putting incriminating evidence and circumstances caused prejudice, to accused conviction could not be sustained.-By this reference under Rule 9 of the Rules for the Regulation of the Procedure of Officers appointed to Administer Justice in the Lushai Hills, 1937, confirmation of the judgment of conviction dated 8. 9. 2006 passed by the learned additional District Magistrate (Judicial), aizawl in Criminal Trial No. 363/2006 convicting the respondent under Section 302 ipc and sentencing him to undergo R. I. for life, is sought for.

(2.) THE prosecution story in brief is that on 23. 3. 06, on receipt of a telephonic information from C. Rothuama (PW2) of Pande veng Serchhip that one Vanlalthuama, son of Sapbela (L) of Vanchengte was assaulted by the accused, Assistant Sub-Inspector of police, Sapchhawna (PW8) and the party went to Vanchengte and came to know that victim succumbed to the injuries at about 4. 15p. m. The villagers thinking that he was the author of the crime kept the accused in confinement. The accused was arrested and the inquest over the body was conducted. During the course of investigation, an axe and a hammer allegedly blood stained were seized and the body was sent for postmortem examination. Thereafter on 23. 3. 2006, the enquiry report was submitted by PW8 on the basis of which Serchhip ps Case No. 16/2006 was registered and the investigation was set in motion. During the course of investigation, statements of 6 persons, namely Sh. C. Rothuama (PW2), Sh. Lalremmawia (PW3), David Lalmuanpuia (PW1), Smt Biakkhumi (not examined in trial) and Sh. Saitawna (PW4), apart from that of the accused were recorded by the investigating Officer. On completion of the investigation, the accused person was charge-sheeted under Section 302 of the IPC and accordingly the charge under Section 302 IPC was framed. The charge was read over and explained to the accused in the language known to him to which he has pleaded guilty. The learned trial court, in spite of such plea of guilt by the accused, has refused to act on such plea and, accordingly, the trial commenced.

(3.) DURING the course of trial, the prosecution in order to bring home the charge against the accused, examined 9 witnesses namely Sh. David Lalnunpuia (PW1), Sh. C. Rothuama (PW2), Sh. Lalremmawia (PW3), Sh. Saitawna (PW4), Sh. Zoramsan-ga (PW5), Sh. Lalengliana (PW6), Dr. Laldawngliana Sailo (PW7), ASI Sapchhawna (PW8) and Inspector Zoramsanga (PW9 ). After closure of the recording of the evidence of the PWs, the accused was examined under Section 313 Cr. P. C. on 31. 8. 06. Thereafter, by the impugned judgment, the ADM (J) recorded the conviction. Hence, the present reference before this court seeking confirmation of such conviction and sentence.