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2017 Supreme(Gau) 1204

M.R.PATHAK, AJIT BORTHAKUR
Vailiana – Appellant
Versus
State of Mizoram – Respondent


Advocates Appeared:
For the Appellant :B. Lalramenga, Advocate
For the Respondent: Linda L. Fambawl, Addl. P.P.

JUDGMENT :

Ajit Borthakur, J.

1. Heard Mr. B. Lalramenga, learned Amicus Curiae for the accused/appellant. Also heard Mrs. Linda L. Fambawl, learned Addl. Public Prosecutor, Mizoram for the State. This criminal appeal has been preferred by the accused/appellant through the Central Jail authority, Aizawl against the Judgment and Order, dated 08.05.2013, passed by the learned Sessions Judge, Lunglei in Crl Tr. No. 271/2010 (corresponding to Saiha P.S. Case No. 95/2009, whereby he is convicted u/s. 302 IPC and sentenced to undergo rigorous imprisonment for life and to pay fine of Rs. 5000/- (Rupees Five Thousand) only in default to suffer simple imprisonment for 5 (five) months.

2. The prosecution case, at a nutshell, is that one Lalzikpuii, son of Biakkhuma, a resident of New Saiha West, lodged an F.I.R., on 02.12.2009, with the Officer-In-Charge, Saiha P.S. alleging that on that day at around 6:30 p.m., his paternal aunt's daughter, namely, Lalnunpari, aged about 48 years, was stabbed repeatedly to death by the accused/appellant.

3. Based on the above F.I.R., Saiha P.S. Case No. 95/2009 u/s. 302 IPC, dated 2.12.2009, was registered and the officer-in-charge endorsed the case to SI M.C.






























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