LALSANGZUALA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) The instant appeal is directed against the judgment and order dated 18.3.2008 passed by the Additional District Magistrate (J) Lunglei in GR No. 85 of 2003 whereby and whereunder the appellant was convicted under Section 302 of the IPC and sentenced to suffer rigorous imprisonment for life with a fine of Rs. 2,000 in default to suffer further RI for six months.

(2.) Heard Mr. C. Lalramzauva, learned counsel for the appellant and Mrs. Helen Dawngliani, learned additional public prosecutor appearing for the respondent State.

(3.) The prosecution case, in brief, is that on 7.4.2003 ASI Zirsanga of Hrangchalkawn outpost (PW1) submitted a written report to officer-in-charge of Lunglei Police Station to the effect that on 6.4.2003 at about 8.25 p.m. Lalsangzuala, the appellant herein surrendered himself at Hrangchalkawn outpost stating that he had stabbed Lalrintluanga of Lungpuizawl twice at Pi Neihthangi's residence located at Lungpuizawl and stated that he might die of his injuries. According to the appellant, when he went to the residence of his divorced wife Malsawmdawngliani (PW7), daughter of Smt. Roneihthangi (PW2), he found the deceased victim in the bedroom. Thereafter, he left the place and subsequently returned with a knife, handle of which was made of bamboo and having a blade about 1 foot long and stabbed the deceased victim who was eating dinner near the fireplace in the left rib area and in his left thigh. Believing that the victim died, he ran away from the place of occurrence and threw away his knife in the culvert near Pi. Neihthangi's residence. After recording the statement of the accused appellant, he proceeded towards the residence of Pi Neihthangi at Lungpuizawl to verify the statement of the accused appellant. When he reached the crime scene he found the deceased victim Pu Lalrintluanga lying dead in the mud floor near the fireplace. Upon questioning the owner of the residence, Roneihthangi (PW2) and others present he became confirmed that the accused appellant stabbed the deceased victim while he was eating dinner. The victim was being dead covered in blood. The body had become cold and since it was night time and the light was inadequate, he could not perform inquest over the body. Due to dark, he also could not recover the murder weapon.