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2016 Supreme(Gau) 907
IN THE HIGH COURT OF GAUHATI AT AIZAWL BENCH
AJIT SINGH, MICHAEL ZOTHANKHUMA, JJ.
Sh. Thawmliana - Appellant
Versus
State of Mizoram and Anr - Respondents
Crl.A. No. 36(J) of 2015
Decided On : 28-07-2016
Advocate Appeared:
For the Appellant : Mr. L.H. Lianhrima
For the Respondent: Mrs. Linda L. Fambawl
Headnote:
Indian Penal Code, 1860 - Section 302 - Criminal Procedure Code, 1973 - Section 313 - Murder - Cut Injuries - Then complainant with his son and other persons went to jhum to search for his sister - On reaching jhum they found his sister lying dead at edge of her jhum with a severe cut injury on her throat and in that cut injury a wooden stick measuring feet in length was imbedded - Then they informed villagers and dead body was brought to village - Hence Police Station Case was registered and duly investigated into - During course of investigation information was received by Police that appellant had disappeared from village in early morning of during time of death of deceased - Appellant not being found in village a search was conducted for appellant - Held, In present case civilian witnesses have in their evidences stated that they were present at time of appellants disclosure and that they were led along with police to place of recovery of weapons by appellant - Thus this court holds that recovery of weapons has been made on disclosure made by appellant and that disclosure statement was made voluntarily - In case Apex Court has held that statements made solely by themselves are not enough to convict accused - However statements can be used for corroboration along with other evidence for conviction - On perusing entire evidence we find that there is a connected chain of events that proves guilt of appellant in having murdered deceased - We also find that statements made by appellant in his examination corroborates evidence adduced that he had murdered victim - Appeal is accordingly dismissed.
1. Heard Mr. L.H. Lianhrima, senior advocate, who is the amicus curiae in the present case. Also heard Mrs. Linda L. Fambawl, Addl. Public Prosecutor for the State respondent.
2. The present appeal has been filed against the judgment and order dated 11.2.2013 and sentence order dated 13.2.2013 passed by the Additional Sessions Judge, Lunglei in Criminal Trial No. 236/2010, wherein the appellant has been convicted under section 302, IPC and sentenced him to undergo RI for life and also to pay a fine of Rs. 5,000, in default, RI for another 5 months.
3. The prosecution story in brief is that on 13.7.2010 at about 2:00 p.m., Sh. F. Lalrawna s/o F. Thanhmunga (L) of Lungzarhtum village, Lawngtlai District, Mizoram, submitted a written FIR to the Officer in-Charge, Sangau Police Station to the effect that, on 10.7.2010 at about 6:00 a.m., his sister F. Menthaii (54 yrs.) d/o F. Thanhmunga (L) of Lungzarhtum went to her jhum about 2 kms. North-West from the village to collect some vegetables. F. Menthaii did not return home even on the evening of the following day, i.e., 11.7.2010 (Sunday). Then, the complainant with his son and other persons went to the jhum to search for his sister. On reaching the jhum, they found his sister lying dead at the edge of her jhum with a severe cut injury on her throat and in that cut injury, a wooden stick measuring 1 feet in length was imbedded. Then, they informed the villagers of Lungzarhtum, and the dead body was: brought to the village. Hence, Sangau Police Station Case No. 5/2010 dated 13.7.2010 under section 302, IPC was registered and duly investigated into.
4. During the course of investigation, information was received by the Police that the appellant had disappeared from Lungzarhtum village in the early morning of 10.7.2010, i.e., during the time of death of the deceased. The appellant not being found in the village, a search was conducted for the appellant. W.T. Messages were sent to Lawngtlai and Saiha Police Station with regard to the disappearance of the appellant. The Young Lai Association (YLA), an NGO, was also requested to search for the appellant and the appellant was found by the YLA in Lawngtlai. The Police were informed and the Police arrested the appellant on 15.7.2010. The case I.O. thereafter conducted his investigation and on the basis of the disclosure made by the appellant, another wooden stick measuring 4 feet in length, 4½ inches diameter and one knife (khukri type) measuring 13½ inches in length, inclusive of the handle measuring 4½ feet were seized. The case IO having found a prima facie case under section 302, IPC against the appellant, charge sheet was submitted.
5. Charge was framed under section 302, IPC against the appellant on 30.11.2010, wherein the appellant pleaded guilty by saying that he had killed the deceased not for money but because she had ill feelings against the appellant and as she hated the appellant. Thereafter, 13 out of 17 prosecution witnesses were examined along with 4 court witnesses.
6. The appellant was examined under section 313, Cr.PC, in which he had stated that instead of the deceased repaying the appellant against the loan taken by the deceased, the two brothers of the deceased had tortured him. As such, he took revenge against the victim and that he was repentant of the act committed by him. In his examination under 313, Cr.PC, the appellant also admitted that the seized wooden stick and the knife were recovered upon the disclosure made by him.
7. The learned trial court thereafter having found the appellant guilty of having committed the crime of murder, the appellant was convicted under section 302, IPC and sentenced to undergo RI for life and to pay a fine of Rs. 5,000, in defaut, RI for another 5 months.
8. The learned amicus curiae submits that the deceased was a close relative of the appellant and, as such, there was no question of the appellant murdering the deceased. The learned amicus curiae also submits that the recovery
