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2022 Supreme(Gau) 1132

NELSON SAILO, MARLI VANKUNG
Vanlalhlua – Appellant
Versus
State of Mizoram – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Johny L. Tochhawng, Ms. Ramengmawii, Mr. Benjamin Lalthlamuana, Mr. K. Thangremsanga.
For the Respondent: Mr. C. Zoramchhana, Public Prosecutor, Mizoram.

JUDGMENT :

Nelson Sailo, J.

Heard Mr. Johny L. Tochhawng, learned counsel for the appellant and Mr. C. Zoramchhana, learned Public Prosecutor for the State.

2. This is an appeal directed against the Judgment and Order dated 23.11.2020 passed by the Addl. District & Sessions Judge in SC No. 98/2014 arising out of Criminal Trial No. 1267/2014 convicting the appellant under Section 302 of the Indian Penal Code (IPC). The appeal is also directed against the Order of Sentence dated 25.11.2020 by which the appellant on being convicted under Section 302 IPC was sentenced to undergo life imprisonment and to pay fine of Rs. 50,000/-and in default, to undergo a further imprisonment of six months.

3. The case of the prosecution in brief is that the dead body of one Smt. Vanlalsiami (hereinafter referred to as the deceased) was found amongst the shrubs in Bawngkawn Brigade area on 04.07.2014 at around 9.00 am with her throat slit apparently by a sharp weapon. As a result, one Mr. Rosanga, who is the elder brother of the deceased, lodged an FIR before the Bawngkawn Police Station on 04.07.2014 and the same was registered as Bawngkawn PS case No. 134/2014 dated 04.07.2014 under Section 302 IPC. Foll

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