In the Fast Tract Court Lunglei Judicial District: Lunglei
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IN THE FAST TRACT COURT LUNGLEI JUDICIAL DISTRICT: LUNGLEI. ……………………….. Regd.No. 367/11 Crl.Tr.No. 161/2011 u/s 302/468/341 IPC r/w 6(1)(a) IPP Rules Ref: Lawngtlai P/S/ Case.No. 132/94. State of Mizoram. ………… Complainant Vrs Dawncheuva……………………..Accused. Date of hearing……………………..18/2/2012 Date of Judgment &Order ……….. 8/3/2013 BEFORE Lucy Lalrinthari, District & Sessions Judge PRESENT For the Prosecution - ZDL Pianmawia, P.P. For the Defence - B.Gupta, Advocate JUGEMENT & ORDER 1. The accused Dawncheuva S/o Sawnkhupa of Hmunnuam, Lawngtlai District, Mizoram has been facing trial in connection with Lawngtlai P/S/ Case No. 132/1994 u/s 302/468/34 IPC r/w 6(1)(a) IPP Rules Vide Crl.Tr. No.161/2009 the case having stood till today, the court delivers the following judgment. 2. The prosecution story of the case in brief is that on 23/11/1994, S.I. Thanawrha O/C Bungtlang out-post submitted FIR before the Officer-in- charge Lawngtlai P/S to the effect that on 19/11/1994 @ 5:00 PM he received a secret information from source that one Dawncheuva was seen at Bungtlang South on 19/11/94 while he was boarded at one truck. But his friend Kapkhanthanga who was also went to Bangladesh side along with him (Dawncheuva) was not seen. Source deeply suspected that Kapkhanthanga was killed by Dawncheuva and requested him to enquire about the matter. He along with parties rushed to Hmunnuam village to 2 enquire about the matter on 20/11/94 @ 5:00 AM. On reaching Hmunnuam village Dawncheuva and Zirnunsanga were arrested on suspicion ground and brought them to Bungtlang South O/P and thoroughly interrogated. Interrogation revealed that they had already killed/murdered Kapkhanthanga on 17/11/94 @ 4:00 AM in between Laitlang and Hmawngbuchhuah and the dead body was left at the spot of murdered. Accordingly, on the same day i.e 20/11/94, with his parties they left Bungtlang south PS and proceeded towards the P.O to recover the dead body along with suspected accused Dawncheuva and Zirnunsanga. At about 3:00 PM they reached Tuithumhnar village and found Zolalnghaka and Laldosanga were also suspected to involve in this case and apprehended them. After apprehension of the suspected persons they all left Tuithumhnar village towards Hmawngbuchhuah village. On reaching Hmawngbuchhuah they started searching for the dead body with the help of local villagers. At around 12:00 mid night in between Hmawngbuchhuah and Laitlang village the dead body of deceased Kapkhanthanga was recovered at the jungle about 2 kms distance from Hmawngbuchhuah village on being led and shown by the accused persons. The dead body was inquest and seizure was done and brought the dead body to Bungtlang South along with arrested persons. On reaching Bungtlang South Out Post, he seeks instruction from his superiors as to how about conducting PME since no doctor is available at Bungtlang South. The S.P. of Saiha was pleased to direct him to bury the dead body at Bungtlang South, subject to disinter the dead body for further conducting PME whenever strike of Government Doctor is called off, in other words till the Medical Doctor is available to conduct PME. On having further interrogation it is ascertained that Dawncheuva had cheated deceased Kapkhanthanga and brought to Bangladesh, to purchase ivory, etc. But Dawncheuva spend all the money i.e Rs 10,000/- which is borrowed from deceased Kapkhanthanga and without purchasing the articles and returned back to Mizoram. Since Dawncheuva could not recover the spended money, he decided to kill Kapkhanthanga and convinced his friends Laldosanga, Zolalnghaka and Zirnunsanga and had a meeting at Parva – III, regarding the killing of Kapkhanthanga. They all left Parva III towards Hmawngbuchhuah. On the way in between Laitlang and Hmawngbuchhuah at 4 AM on 17/11/1994 they killed/murdered decease Kapkhanthanga by using knife and left the dead body at the P.O. After reaching Hmunnuam village Dawncheuva wrote a forge letter to 3 Kamdohaua (friend of deceased Kapkhanthanga) in the name of Kapkhanthanga to give Rs 16,450/- to Dawncheuva (himself) in the name of deceased Kapkhanthanga. It is also revealed that Rs 330/- was taken from deceased Kapkhanthanga after he was murdered. During investigation the P/O was visited and drawn sketch map of the P.O and examined available witnesses and inquest over the dead body of deceased Kapkhanthanga. Since Gov’t Doctors Association called a strike when the incidence took place, the PME could not be done in time. But after a lapsed of one month the dead body was unearthed as per authority order and PME was conducted by authorized medical officer Dr. Vanlalauva of SHC Bungtlang South. All the accused persons were arrested and interrogated in which they disclosed that the main accused/ring leader was Dawncheuva in this case and the two others namely Zolalnghaka and Laldosanga had helped the main accused Dawncheuva at the time of killing Kapkhanthanga. One of them Zirnunsanga was found innocent one in this murdered case. And prayed the court to discharge from the liability of the charges sections and he may be turned as one of the prosecution witness. Recovered and seized the offensive weapon i.e knife and jungle rope and also seized wearing apparel of deceased Kapkhanthanga and also seized forge letter written by accused Dawncheuva in the name of deceased Kapkhanthanga was also seized and the same is being sent to FSL, Calcutta for comparison with the specimen handwriting of accused Dawncheuva. After receiving expert opinion supplementary charge sheet will be submitted. In course of investigation a prima facie case u/s 420/302/468 IPC was found well established against accused persons namely: Dawncheuva 23 yrs s/o Sawnkhupa of Rumma, Bethel Bangladesh- P/A Hmunnuam, Mizoram; Zolalnghaka 27 yrs s/o Neihtinkuala od Parva III and Laldosanga 22 yrs s/o Tlangtinkhupa of Suashung, Bangladesh. It is also found well established u/s 6(1)(a) IPP Rule/ 34 IPC against Dawncheuva and Laldosanga as they were from Bangladesh National and entered into Mizoram without having permission. Interrogation also revealed that they had a meeting at Parva III village and had a pre-planned before killing of deceased Kapkhanthanga. Due to the above circumstances, the honourable court is pray to add u/s 34 IPC and 6(1)(a) IPP Rule against the accused persons. All the accused persons were arrested and interrogated. In course of investigation a prima facie case u/s 420/302/468/34 IPC r/w 6(1)(a) IPP 4 Rules were found well-established and charge sheet was submitted to the court. Supplementary charge sheet was submitted later on, after receiving expert opinion on the forged letter seized from the possession of accused Dwncheuva. The expert who examined the letter opined that the person who wrote the blue enclosure writings stamped and marked as S7 to S17 also wrote the red enclosure writings similarly stamped and marked as Q1 and Q2. (Q1 and Q2 being the forged letter seized from accused Dawncheuva and the S7 to S14 being his specimen hand-writing sent to expert). 3. Case I/O submitted charge sheet against three accused persons namely Dawncheuva, Zolalnghaka and Laldosanga only. One of them Zirnunsang being discharged and turn into Prosecution witness. Two of the accused Laldosang and Zolalnghak absconded court after they were on bail before charges were framed against them. Later on they were declared dead and death Certificate were produced before the court and after verification from the concerned VCP, the court accepted the Death Certificte as genuine. Hence accused Dawncheuva only remained to face trial according to law. As per procedure u/s 207/208 of Cr.P.C all the police reports and its connected paper were supplied to the accused Dawncheuva. As the accused is a tribal without regular income advocate B. Gupta is appointed to defend the accused u/s 304 of Cr.P.C at the state’s expense. 4. At the time of consideration of the charge ld. prosecution and the ld. defence counsel Mr. B.Gupta were heard. After hearing both sides the ld trying Magistrate at that time framed charges u/s 302/468/34 IPC r/w 6(1)(a) IPP Rules against accused Dawnchueva. The charge u/s 420 IPC was dropped at the time of framing of charges as the then trying Magistrate did not find sufficient evidence to proceed on against the accused. The charges were was read over to him and explained in the language known to him to which he pleaded not guilty to the charge framed against him. 5. The instant case was tried before the ld Additional District Magistrate (judicial), Saiha till the stage of examination of the accused u/s 313 of Cr.P.C. All the prosecution evidences were taken before him. In the year 2008, due to the separation of the Judiciary from the Executive, 5 Mizoram was divided into two Judicial Districts only, namely Aizawl Judicial District and the Lunglei Judicial District. Lunglei Judicial district comprises of the Lunglei, Saiha and Lawngtlai Districts. Hence the instant case have been transfer to District and Sessions Judge, Lunglei Judicial District on 22/06/2009 vide order No.D.11035/3/2009/ D &SJ/78 dt 19.3.2009 at the stage of examination of the accused. The examination of the accused was done, and the accused denied of adducing his defence evidence. The then ld. District and Sessions Judge called for fresh argument from both sides.