KUMAR SUBHA Vs. STATE OF MIZORAM

JUDGEMENT

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

(2.) This is an appeal from Jail filed by the accused appellant against the Judgment and Order dated 07.05.2018, passed by the Additional District and Sessions Judge, Champhai in Sessions Case No. 22/2015, convicting the appellant under Section 302 of the IPC and sentencing him to suffer imprisonment for life and to pay a fine of Rs. 9000/- along with a default clause.

(3.) The prosecution's story in brief is that on 05.08.2014, one Smt. Challiani (PW 1) lodged an FIR before the Officer-in-Charge, Khawzawl Police Station to the effect that on 05.08.2014 at around 9.20 pm, her son Vanlalfela who set out to collect firewood at Khuailui area was struck by a dao on his neck by the appellant who is the owner of the farm house, where they spent the night. As a result, her son, succumbed to his injury and died. Khawzawl Police Station Case No. 66/2014 under Section 302 IPC was therefore registered on the same day and investigation conducted. Upon completion of the investigation, a charge sheet was submitted before the Trial Court whereafter, a charge under Section 302 IPC was framed against the appellant. The appellant pleaded not guilty to the charge and claimed for trial. A criminal trial was thus set into motion. During the trial, the prosecution examined as many as 8 prosecution witnesses although 10 witnesses were cited. Amongst the cited witnesses, PW 2 and PW 7 were not examined. No witnesses were examined by the defence. The appellant was thus examined under Section 313 of the CrPC and consequently, the trial was concluded and vide the impugned Judgment and Order, the appellant was convicted and sentenced as already mentioned herein above.