CHHIAHHLUNA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) This criminal appeal from jail has been filed by the appellant/accused, namely, Sh. Chhiahhluna, being aggrieved with the JudgmentOrder of conviction and sentence dated 05.03.2013 passed by learned Additional Sessions Judge-I, Aizawl, in Criminal Trial No. 299/2011, arising out of Champhai Police Station Case No. 177/2011, wherein he has been convicted for the offence under Sec. 302 Penal Code and sentenced him to undergo Rigorous Imprisonment for life with a fine of Rs. 5,000.00, in default of payment of fine, Rigorous Imprisonment for another period of 6 (six) months, setting off the period of detention.

(2.) The prosecution case, as it emerges from the First Information Report dated

(3.) During investigation, the Investigating Officer of the case (PW-11) visited the place of occurrence, i.e., the house of C. Lalramenga (PW-2), drawn the sketch map, recorded the statements of the witnesses acquainted with the facts of the case under Sec. 161 Cr.P.C,, 1973 seized one blood stained axe measuring about 2 inches width, 10 inches long with 25 inches long handle from the place of occurrence used by the accused for commission of the offence (Material Exhibit No. 1) as well as blood stained wearings of the victim like one black T-shirt, one army jersey, one black colour kamis (shirt) by preparing the seizure memo in the presence of the witnesses (Exhibit-P-2), conducted the inquest on the dead body of the deceased Zoramsanga and sent the same to the Champhai Public Health Centre for its Postmortem examination, arrested the accused Chhiahhluna by preparing Arrest Memo (Exhibit-P-5) and had his medical examination done. After completion of the investigation and obtaining the Post Mortem Report of the deceased (Exhibit-P-3) as well as Injury Report of the accused (Exhibit-P-4), finding a prima facie case against the accused person under Sec. 302 Penal Code read with Rule 6(a) of the PP (Entry into India) Rules, 1950 well established; the said Investigating Officer (PW-11) on 004.2012 submitted the charge sheet (Exhibit-P-6) in said Champhai P.S Case No. 177/2011.