LALREMRUATA RALTE Vs. STATE OF MIZORAM

JUDGEMENT

(1.) This Criminal Appeal No.1 of 2018 (J) has been preferred by the appellants, namely, (i) Sri Lalremruata Ralte (hereinafter referred to as A-1) and (ii) Sri Lalthlamuanpuia (hereinafter referred to as A-2), against the judgment and order dated 28.07.2017 passed by the learned Additional Sessions Judge, Aizawl Judicial district, Aizawl in Sessions Case No. 115/2013 arising out of Crl. Tr. No. 1517/2013 under Section 302 and 201 IPC (corresponding to Aizawl Police Station Case No. 265/2013). By the said judgment, A-1 was convicted and sentenced to undergo rigorous imprisonment for life with fine of Rs. 10,000/-, in default of payment of fine, to undergo simple imprisonment for four months under Section 302 IPC and rigorous imprisonment for 2 years and fine of Rs.5000/- with default stipulation and A-2 was convicted and sentenced to serve rigorous imprisonment for two years with fine of Rs.5,000/- and in default of payment of fine, to suffer simple imprisonment for two months, under Section 201 IPC. The sentences of A-1 were ordered to run concurrently.

(2.) The case of the prosecution, in brief, is that on 18.01.2013 at 9.30 PM, an FIR was lodged with the Officer-in-charge, Aizawl P.S. by Lalhmingthangi Chhangte, stating that in continuation of her earlier report regarding the missing of her daughter, namely, K. Zohmangaihi since the night of 10.08.2013, she strongly suspected that her husband (i.e. A-1) had killed her daughter. In the FIR, she justified her suspicion that it was A-1 who had killed her deceased daughter as he had left for Delhi on the very next day after her daughter had gone missing.

(3.) On receipt of FIR (vide Ext.P-1), the police registered Aizawl P.S. Case No. 265/2013, under Section 302 IPC, investigated into it, collected evidence, arrested both accused persons, recovered the dead body of the deceased, sent it for post mortem examination, seized blood stained clothes from the place of occurrence and sent the same for forensic examination. Also seized the vehicle owned by A-1, which was used to remove and dispose of the dead body of the deceased, obtained reports of post mortem examination as well as forensic examination, got the confessional statement of A-1 recorded by a Magistrate, examined witnesses. Finally, on completion of investigation, the Investigating Officer laid charge-sheet against both the accused-appellants under Section 302 and 201 of IPC.