JUDGMENT :

1. Heard Mr.Lalfakawma, learned Amicus Curiae appearing for the appellant and Mr. C. Zoramchhana, learned Public Prosecutor, Mizoram for the respondent.

2. This is an appeal against the Judgment & Order dated 06.12.2016 passed by the Addl. Sessions Judge-II, Aizawl Judicial District, in Crl.Tr.No. 359/2016, convicting the appellant under section 304 (Part-I) IPC and sentencing him to undergo R.I 10 (ten) years and pay a fine of Rs.2000/-in default to undergo SI for 30 (thirty) days vide its order dated 07.12.2016.

3. The prosecution case in brief is that S.I. Malsawmtluanga submitted enquiry report on 23.10.2015 at around 3:00 Am to the effect on 23.10.2015 at around 00:15 hrs information was received over telephone at Thenzawl Police Station from one Shri J. Lalchhanhima of JNV, Thenzawl to the effect that one Smt. Zonunsangi, w/o J.P. Laldawngliana had been found dead in their rented house. In the course of enquiry, the P.O. was carefully examined and inquest was held over the dead body of the victim Zonunsangi. A firewood measuring 2 feet with long hair stuck on it, suspected to be used for killing her was seized on the spot. The husband of the victim, James P. Laldawngl