K HRANGLIANA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) THIS jail appeal is directed against the judgment and order dated 1. 7. 08 passed by learned Addl. District Magistrate (J), Lunglei District, Lunglei in GR Case No. 271/05 registered under Section 302 IPC, whereby the sole accused was convicted and sentenced to undergo imprisonment for life and also to pay a fine of Rs. 1000, in default, to undergo R. I. for three months.

(2.) THE facts leading to the filing of this appeal may be narrated in brief as follows : on 12. 8. 05 at about 7. 30 A. M. in the morning, Mr. K. Hrangliana, accused in this case, a resident of Moria Veng, Luangmual, lodged an FIR stating therein that on the previous day, i. e. on 11. 8. 05 at about 7 P. M. in the evening he had an argument with Ms. Zodinpuii, w/o Hrechema (L) in her house at Moria Veng. The accused stated to have beaten her several times on her head by using firewood. Thereafter, considering Ms. Zodinpuii to be dead he came out of her house. At about 3 A. M. in the morning when the accused had gone to the house of Ms. Zodinpuii, the accused found her lying dead.

(3.) THE Doctor, who conducted the post mortem examination, opined that the death was caused due to cardio-pulmonary failure as a result of head and spinal cord injury at the cervical region. On completion of the investigation, the I. O. submitted charge sheet against the accused alleging commission of offence under Section 302 IPC.