CHHIAHHLUNA Vs. STATE OF MIZORAM
LAWS(GAU)-2018-10-111
HIGH COURT OF GAUHATI
Decided on October 23,2018

Chhiahhluna Appellant
VERSUS
STATE OF MIZORAM Respondents

JUDGEMENT

Mr. Manash Ranjan Pathak, J. - (1.) This criminal appeal from jail has been filed by the appellant/accused, namely, Sh. Chhiahhluna, being aggrieved with the JudgmentOrder of conviction and sentence dated 05.03.2013 passed by learned Additional Sessions Judge-I, Aizawl, in Criminal Trial No. 299/2011, arising out of Champhai Police Station Case No. 177/2011, wherein he has been convicted for the offence under Section 302 IPC and sentenced him to undergo Rigorous Imprisonment for life with a fine of Rs. 5,000/-, in default of payment of fine, Rigorous Imprisonment for another period of 6 (six) months, setting off the period of detention.
(2.) The prosecution case, as it emerges from the First Information Report dated 23.12.2011 (Exhibit-P-1), lodged by one Mangdova (PW-1), father of the deceased, before the Officer-in-Charge of Champhai Police Station is that the on the previous night, i.e. on 22.12.2011 around 10:10 PM, when his son Zoramsanga went to the residence of Mr. C. Lalramenga (PW-2), the accused Chhiahhluna, son of late Lianduha, resident of Chhunchung of Halkha District, Myanmar struck him on his back with an axe and that the said victim succumbed to his injury at around 9:00 AM on 23.12.2011 in the outskirt of Khuangleng Village when he was taken to the Champhai hospital. The said FIR was accordingly registered and numbered as Champhai P.S Case No. 177/2011 under Section 302 IPC read with Rule 6(a) of the Pass Port (Entry into India) Rules 1950.
(3.) During investigation, the Investigating Officer of the case (PW-11) visited the place of occurrence, i.e., the house of C. Lalramenga (PW-2), drawn the sketch map, recorded the statements of the witnesses acquainted with the facts of the case under Section 161 Cr.P.C,, 1973 seized one blood stained axe measuring about 2 inches width, 10 inches long with 25 inches long handle from the place of occurrence used by the accused for commission of the offence (Material Exhibit No. 1) as well as blood stained wearings of the victim like one black T-shirt, one army jersey, one black colour kamis (shirt) by preparing the seizure memo in the presence of the witnesses (Exhibit-P-2), conducted the inquest on the dead body of the deceased Zoramsanga and sent the same to the Champhai Public Health Centre for its Postmortem examination, arrested the accused Chhiahhluna by preparing Arrest Memo (Exhibit-P-5) and had his medical examination done. After completion of the investigation and obtaining the Post Mortem Report of the deceased (Exhibit-P-3) as well as Injury Report of the accused (Exhibit-P-4), finding a prima facie case against the accused person under Section 302 IPC read with Rule 6(a) of the PP (Entry into India) Rules, 1950 well established; the said Investigating Officer (PW-11) on 004.2012 submitted the charge sheet (Exhibit-P-6) in said Champhai P.S Case No. 177/2011.;


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