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2015 Supreme(Gau) 474

A.K.GOSWAMI, M.R.PATHAK
Awnghlau – Appellant
Versus
State of Mizoram – Respondent


Advocates:
Advocate Appeared:
For Appellant : Lalfakawma, Amicus Curiae.
For Respondents: A.K. Rokhum, P.P.

JUDGMENT :

Arup Kumar Goswami, J.

1. Heard Mr. Lalfakawma, learned Amicus Curiae. Also heard Mr. A.K. Rokhum, learned Public Prosecutor, Mizoram. This appeal is from jail and is directed against the judgment and order dated 13.12.2011 passed by the learned Sessions Judge, Lunglei, in Crl. T.R. No. 8/2011 convicting the accused/appellant under Section 302 IPC and sentencing him to suffer rigorous imprisonment for life.

2. P.W. 1 had lodged the Ejahar at about 7-45 P.M., on 12.09.2008, before the Vasei Police Station whereupon Vasei Police Station Case No. 6/2008 was registered. In the Ejahar, Ext. P-1, it was stated that at about 4-00 A.M., his Sequent guest, Baichiau, who was from Myanmar and a timber trader by profession, was stabbed to death by the accused/appellant, who is his fellowman, and that the accused fled away from the scene. P.W. 2 had started investigation and, at around 11-30 A.M., the accused had appeared in the police station and stated that he had stabbed the deceased. The knife (Material Ext.-1) was recovered at the instance of the accused and as the earlier Investigating Officer was transferred, on conclusion of investigation, P.W. 4 submitted the charge-sheet vide



























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