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2022 Supreme(Gau) 1215

MICHAEL ZOTHANKHUMA, MARLI VANKUNG
Vanlalnuna S/o. Biakthanga – Appellant
Versus
State of Mizoram – Respondent


Advocates Appeared:
For the Appellant : Mr. T. Lalzekima, Amicus Curiae.
For the Respondent: Ms. Mary L. Khiangte, learned Addl. PP, Mizoram.

JUDGMENT :

Heard Mr. T. Lalzekima, learned Amicus Curiae and Ms. Mary L. Khiangte, learned Addl. PP, Mizoram.

2. The appellant/convict has prayed for setting aside the Judgment & Order dated 20.11.2019 passed by the Court of Addl. District & Sessions Judge, Aizawl, by which the appellant has been convicted under Section 302 IPC and sentenced to imprisonment for life with a fine of Rs.3,000/-, i.d. S.I for 3 (three) months. The appellant has also been convicted under Section 14 of the Foreigners Act, 1946 and sentenced to imprisonment for a period of 3 (three) months. The sentences were to run concurrently and the detention period undergone was also to be set off.

3. The facts of the case in brief is that on 07.07.2017, a written FIR was received by the Aizawl Police Station from Sh. K. Lalherliana, PW-1, stating that his employee, the appellant had assaulted his (the appellant’s) wife, Smt. Cheuzakimi, in his farm at Maubawk, Aizawl, due to which the victim succumbed to her injuries on the spot. Aizawl P.S. Case No. 303/2017 dated 07.07.2017 under Section 302 IPC was registered against the appellant. After investigation was conducted and post mortem of the dead body showed that the ca

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