ROSANGLIANA SAILO Vs. STATE OF MIZORAM

JUDGEMENT

(1.) Heard Mr. F. Lalengliana, the learned Amicus Curiae for the appellant and Mrs. Linda L. Fambawl, the learned Addl. Public Prosecutor for the State.

(2.) The present appeal has been filed against the impugned Judgment and Order dated 06.11.2017, passed by the Addl. Sessions Court, Lunglei in Criminal Trial No. 217/2017, by which the appellant has been convicted under Section 302 IPC and sentenced to undergo Rigorous Imprisonment for life with a fine of Rs. 10,000/-, in default, S.I for 1 month, vide Order dated 07.11.2017.

(3.) The case of the prosecution in brief is that on 30.03.2017, one C. Lalbiakfela of Electric Veng, Lunglei submitted an FIR at the Lunglei Police Station stating that at about 6.30 a.m, his grand aunt C. Sangziki was stabbed by her grandnephew Rosangliana Sailo, due to which the said C. Sangziki succumbed to her injury. On the basis of the FIR, Lunglei P.S. Case No. 56/2017 dated 30.03.2017 under Section 302 IPC was registered. Investigation was conducted and charge sheet was thereafter filed against the appellant. Charge under Section 302 IPC was framed against the appellant and the prosecution thereafter adduced their evidence before the Trial Court. The evidence of the prosecution showed that the appellant had inflicted multiple stab wounds on the deceased, i.e. his grand aunt, on her back. The appellant in his statement under Section 313 CrPC gave a blanket denial with regard to the incident stating that he could not verify the correctness or otherwise of the incident, as he was not in his proper sense, as he was suffering from alcohol withdrawal syndrome. The learned Trial Court thereafter passed the impugned Judgment and Order dated 06.11.2017 convicting the appellant under Section 302 IPC and sentencing him as per the Sentence Order dated 07.11.2017.