Point of law:Acquital upheld - If the trial court takes a view that the accused deserves to be acquitted on the basis of evidence on record, such verdict cannot be reversed unless there is gross perversity and wrong appreciation of the evidence on record

JUDGMENT :

Manish Choudhury, J.

This criminal appeal under Section 378(1)(b) of the Code of Criminal Procedure, 1973 (‘the Code’, and/or ‘the CrPC’, for short) is preferred against the judgment and order dated 25.03.2019 passed by the learned Sessions Judge, Aizawl Judicial District, Aizawl in Sessions Case no. 67/2015. By the said judgment and order dated 25.03.2019, the learned Sessions Judge acquitted the accused of the charges under Section 302 and Section 380 of the Indian Penal Code (IPC).

2. The investigation was set into motion with the institution of a First Information Report (FIR) lodged by one Ms. Lalrinthari [P.W.2] before the Officer In-Charge, Kulikawn Police Station, District – Aizawl on 18.12.2014. In the FIR, the informant had, inter-alia, stated that in the morning hours of 18.12.2014, Thursday, at around 9:30 a.m., the grandmother of the informant, Zokhumi, 83 years, wife of Late Z. Lalsanhzuala was found dead in her bedroom inside their house. The deadbody was found lying on her bed in a pool of blood covered with a quilt. A severe injury was found to have been inflicted in the left side of the neck. According to the informant, a sum of about Rs. 64,000/- was found missing from the steel almirah. The informant had further stated that her grandmother died at the hand of a certain miscreant but they were clueless as to how the miscreant entered into the room of her grandmother. It was reported that the incident had taken place between 1:00 a.m. and 9:30 a.m. on 18.12.2014.

3. On receipt of the FIR, the Officer In-Charge, Kulikawn Police Station, District – Aizawl registered a case being Kulikawn Police Station Case no. 185/2014 for offences under Sections 302/380, IPC on 18.12.2014. After such registration, the investigation of the case was carried on by P.W.19, Sri F. Lalbiakzauva, Deputy Superintendent of Police, Aizawl Police Station as the Investigating Officer (I.O.) of the case.

4. After receipt of information about the incident of unnatural death of Late Zokhumi on 18.04.2014 at about 10:15 a.m. telephonically, the I.O. reached the place of incident where other police personnel and a team of officials from the Forensic Science Laboratory (FSL), Mizoram, Aizawl also arrived. The house of the deceased was thoroughly searched and the forensic experts collected suspected blood stained bedsheet, blanket, quilt covers, pillow cover, paijama, etc. and suspected blood stains from various places inside the house. The experts from the FSL also lifted 9 (nine) nos. of chance fingerprints from the place of occurence i.e. 5 (five) from a balcony door, 2 (two) from a steel almirah inside the bedroom and 2 (two) from a steel almirah in the corridor. A number of other articles were also seized during the said process. A sketch map of the place of occurrence was prepared, photographs of crime scene were taken and a crime scene visit report was made. The inquest of the dead body was carried out in presence of witnesses and thereafter, the dead body was sent to the Civil Hospital, Aizawl for post-mortem examination.

5. After completing the required formalities, the team of police personnel went back to the Police Station wherein the informant [P.W.2] lodged the FIR. Accordingly, the case was registered and investigated upon. During the course of investigation, the I.O. recorded statements of a number of witnesses under Section 161, CrPC. The post-mortem examination was duly carried out and thereafter, the dead body was handed over to the family. The funeral service of Late Zokhumi took place on 19.12.2014.

6. The accused i.e. the respondent no. 1 herein was summoned by the I.O. to the police station on 19.12.2014 as he did not attend the funeral service of the deceased who was his grandmother by relation and also for the reason that he was implicated in a murder case earlier. After being so summoned, the fingerprint of the accused was obtained at Kulikawn Police Station under the supervision and direction of the I.O. and the a