SH. LALTHAKIMA S/O SUAKTHUAMA (L) Vs. STATE OF MIZORAM
LAWS(GAU)-2018-7-157
HIGH COURT OF GAUHATI
Decided on July 10,2018

Sh. Lalthakima S/O Suakthuama (L) Appellant
VERSUS
STATE OF MIZORAM Respondents

JUDGEMENT

MICHAEL ZOTHANKHUMA,J. - (1.) Heard Ms. H. Lalmalsawmi, learned Amicus Curiae and Mr. A.K. Rokhum, learned Public Prosecutor for the State. This appeal is filed by the convict appellant from jail against the judgment & order dated 26.11.2015, passed by the Court of the Chief Judicial Magistrate, Kolasib, in Criminal Trial No. 393/2015, by which the appellant has been convicted under Section 457/34 IPC and sentenced to undergo Rigorous Imprisonment for 3 years with a fine of Rs. 2,000/-, in default Rigorous Imprisonment for 2 months. He was also convicted under Section 380/34 IPC and sentenced to undergo Rigorous Imprisonment for 2 years with a fine of Rs. 2,000/-, in default Rigorous Imprisonment for 2 months. The sentences were to run consecutively.
(2.) As per the documents on record, the appellant was convicted by the Court of the Chief Judicial Magistrate, Kolasib vide judgment and order dated 26.11.2015, passed in Criminal Trial No. 393/2015, arising out of Kolasib P.S Case No. 123/2015. The appellant had been convicted under Section 457/34 IPC and sentenced to undergo Rigorous Imprisonment for 3 years with a fine of Rs. 2,000/-, in default Rigorous Imprisonment for 2 months. He was also convicted under Section 380/34 IPC and sentenced to undergo Rigorous Imprisonment for 2 years with a fine of Rs. 2,000/-, in default Rigorous Imprisonment for 2 months. Thereafter, the appellant preferred Criminal Appeal No. 18/2017 (J) before this Court, which was disposed off vide order dated 09.06.2017, by directing the Registry of this Court to forward the appeal to the learned Sessions Judge, Aizawl for consideration, as the Court of the Chief Judicial Magsitrate was subordinate to the Sessions Court.
(3.) Thereafter, the Court of the Addl. Sessions Judge - II, Aizawl disposed of the appellant's appeal vide order dated 04.10.2017 passed in Criminal Appeal No. 3/2017, by holding that the impugned judgment and order dated 26.11.2015, passed by the Court of the Chief Judicial Magistrate had already been dismissed on revision by the Court of the Sessions Judge, Aizawl in Criminal Revision Petition No. 6/2016, wherein the conviction and sentences were upheld. The Court of the learned Sessions Judge - II, Aizawl thus held that it had no jurisdiction to interfere with the impugned Judgment and Order dated 26.11.2015 passed by the Trial Court, in view of the above reason.;


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