IN THE DISTRICT & SESSION COURT, AIZAWL Crl. Tr. No.853 of State of Mizoram : Complainant. Laltanpuia : Accused

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1 IN THE DISTRICT & SESSION COURT, AIZAWL Crl. Tr. No.853 of 2010 Ref.Vaivakawn PS Case No.68/2010 u/s 302/379/201(b)/427 IPC S.R. No 63/2010 State of Mizoram : Complainant -Vrs- Laltanpuia : Accused Date of Hearing : Date of Judgment : K.L.LIANA, ADSJ-1 : For the Prosecution R.C. Thanga, PP : Lalchhandama Addl.PP Lalthanmawii, APP. For the Defence : A.Hussain, Advocate. JUDGMENT & ORDER 1. The prosecution story of the case is that on an FIR was lodged by Pu Lalruatdika of Bungkawn High School Veng with the O.C. Aizawl PS to the effect that his Taxi ( Maruti 800) B/R No.MZ01-D-7299 with the driver Chawnghmingthanga of Bungkawn has been missing since The matter was duly enquired into. On 11 th Jan/2010 one suspected Laltanpuia (23) S/o Lalnuntluanga of Salem Veng was arrested and interrogated. The arrest person stated that he had a fight with Chawnghmingthanga inside the Taxi on the road side between Company Peng and Rangvamual (at Ngei ngei kawi) in the night of and stabbed to death with a knife. Then he took the dead body to Lengpui road by the Taxi MZo1 D-7299 and thrown down below the road in the jungle and then the Taxi was also received from Lalramthanga Sailo of Ngopa Camp, Chandmari who bought the same from Laltanpuia. Hence, Aizawl PS C/No.9/2010 dt u/s 302/379 IPC was registered against accused Laltanpuia and duly investigated into. During investigation, it was ascertained that accused Laltanpuia after dumping the dead body of Chawnghmingthanga in the jungle just below Lengpui road, returned home and modified his stolen taxi by removing the Taxi sticker non reflector yellow colour and changed its registration number i.e MZ01 D-7200 into MZ01 E-1817 and sold it to Lalramthanga of Ngopa which was later recovered and seized and the pieces of Taxi sticker also recovered at Mualpui when the accused had left it. The dead body of Chawnghmingthanga was recovered on the basis of Lalpuia s statement and all formalities were observed over the dead body i.e inquest, PME, Comparison of blood at FSL ect. During investigation, vital witnesses were examined including Lalramthanga Sailo of Ngopa who bought the stolen Taxi from accused Laltanpuia. FSL report revealed that the human blood detected from the exhibit A i.e Maruti 800 tallied with blood detected in exhibit B- i.e folding knife, Exhibit B ie, folding knife, exhibit C i.e T-Shirt and exhibit D i.e green polar jacket worn by the deceased. The PME report revealed that the cause of death in this case was multiple injuries to the chest and abdomen produced by sharp stabbing weapon. Injuries were ante-mortem in nature. In the course of investigation, the case was transferred to Vaivakawn PS since the PO falls under Vaivakawn PS jurisdiction and Vaivakawn PS C/No.68/2010 dt u/s 302/379/201(b)/427 ipc was re-registered against the accused Laltanpuia. During investigation a copy of confessional statement of accused Laltanpuia recorded u/s 164 Cr.PC was also received vide No.G.R Aizawl Court /2010/107 dt. Aizawl, the 6 th May 2010 in which the accused person confessed so as to how he had murdered the said Taxi driver Chawnghmingthaga on the night of and how he had disposed of the Taxi after changing its registration number and its appearance. Hence, a prima facie case u/s 302/379/201(b)/427 IPC had been found well established against accused Laltanpuia S/o Lalnuntluanga of Salem Veng and charge sheet was filed against him accordingly. 2. The defence case is that the accused is innocent.

2 3. During the course of trial the prosecution examined 26-witnesses. 4. PW 1 Remruatdika stated that he was the complainant who lodged FIR to OC, Aizawl PS on due to late arrival of the driver and the said vehicle (Taxi MZ01 D-7299) which was taken out by its driver Chawnghmingthanga on and on the night of at about 10:00pm the wife of Chawnghmingthanga received a telephonic information from Chawnghmingthanga that the said Chawnghmingthanga was at Bawngkawn along with his passenger. Since the driver could not return even in the afternoon of he lodged FIR to Aizawl PS seeking their help for tracing out the driver as well as his Taxi. Exbt-P-6 is FIR, Exbt-P-6(a) is his signature. Thereafter, his said taxi seized by the Police vides APS No.9/10 dt u/s 302/379 IPC was released on zimmanama to him on Exbt.P-7 is zimmanama. Exbt-P-7(a) is his signature. 5. PW 2 ASI MS Dawngliana identified the accused and stated that on he was ASI of police posted at Aizawl P/S. On Pu Remruatdika of Bungkawn H/S veng submitted FIR to O.C. Aizawl P/S to the effect that his Taxi (Maruti-800) bearing registration No. MZ-01 D-7299 with his driver Chawnghmingthanga of Bungkawn has been missing since The said O.C requested him to enquire the matter. Accordingly in connection with this he seized knife stainless 3 and half inches length with holt 4 and half length and knife holster black colour on being produced by Michael Lalrinpuia of Bungkawn in the presence of 2 witnesses on at around 6:00 p.m. He also seized Indian currency notes 100 nos. of Rupees 1000/- denomination i.e. Rs. 1 lakh and Registration certificate of Maruti 800 bearing R/No. MZ-01 E-1817 on being produced by Laldawngliani of Thakthing in the presence of 2 witnesses on the same day at around 5:00 p.m. On the same day at around 4:30 p.m he also seized Maruti 800 white colour B/R.No-MZ-01 E E/No- F8 BIN CH/No- MABECA X H7, Key and payment receipt from Lalramthanga Sailo in the presence of 2 witnesses. Ext.P-1 is the seizure memo of knife and holster and ext.p-1(a) is his signature. Ext. P-2 is the seizure memo of Indian currency notes and Ext.P-2(a) is his signature. Ext.P-3 is registration certificate of the said vehicle. Ext. P-4 is seizure memo of a Maruti car 800, Ignition Key and ext.p-4(a) is his signature. Ext.P-5 is the Payment receipt/sale letter between Lalramthanga Sailo of Ngopa and the accused Laltanpuia. Ext.M-1 is the seized article (knife). 6. PW-3 R.Chhawnkima SI of Police identified the accused and stated that on the strength of FIR dt Aizawl PS case No.9/10 u/s 302/376 IPC dt was registered and accordingly ASI MS Dawngliana was endorsed to enquire into the case. After ASI MS Dawngliana submitted his enquiry report to O/C, Aizawl PS the case was endorsed to him for his investigation after the case was registered. On the night of at about 10:55pm he arrested the accused Laltanpuia. Exbt-P-23 is arrest memo. Exbt-P-23(a) is his signature. In the light of information he had received from the accused he rushed to the PO i.e Ngei ngei kawi. Drawn sketch map of the PO on the same night and search the dead body of Chawnghmingthanga. He drew sketch map of the PO where the deceased was stabbed by the accused. Exbt-P-24 is rough sketch map of the PO. Exbt-P-24(a) is his signature. On the same night i.e the accused took them to a place where he threw away the dead body of Chawnghmingthanga which was above 10km away from the said PO. Since it was bit dark, they could not locate the said dead body from the place where he threw away the said dead body. On the next day i.e morning at about 8:00am they could locate the said dead body as per information they had received from the accused on the night before. From the accused he seized cash amounting to Rs.5,800/- with black mallet and other property/atm as mentioned in Expt-P-25 on at about 10:58pm. Exbt-P-25 was seizure memo. Exbt-P-25(a) is his signature. On at about 11:25pm he also seized some piece of non-reflector taxi sticker (yellow colour) from the possession of accused at Mualpui Ram as information he had given to them. Exbt-P-22 is seizure memo Exbt-P-22(a) is his signature. On at about 3:30pm he seized one T-shirt (brown colour) with blood stain and one polar jacket (green colour) with 3 makrs knife hole each. Exbt-P-21 is seizure memo Exbt-P-21(a) is his signature. When they located the dead body of Chawnghmingthanga on the morning of they put the said dead body to M orgue house, Civil Hospital after he conducted inquest. Exbt-P-26 is his inquest report, Exbt- P-26(a) is his signature. He made a requisition for PME on the said dead body and accordingly PME was conducted, received PME report during his investigation. On he forwarded the accused to the court for his Judicial remand. Exbt-P-11 is his prayer for Judicial remand. Exbt-P-11(a) is his signature. In connection with this case, he also arrested three persons suspected to have involved in the same case, produced to the court with a prayer for police remand. Exbt-P-12 to 15 are his prayer for Police remand. Exbt-P-12-15(a) are his signature. On he forwarded the accused to the Court for his Judicial remand. Exbt-P-16 is his prayer for Judicial remand of accused Laltanpuia exbt-p-16(a) is his signature. On he submitted his prayer for transfer of case to Vaivakawn PS as the PO was

3 under Vaivakawn PS jurisdiction. Exbt-P-17 is his prayer for transfer of case, Exbt-P-17(a) is his signature. On he submitted prayer for addition of charge section. Exbt-P-18 is his prayer for charge addition. Exbt-P-18(a) is his signature. On at about 10:20 am he seized 2 nos of Maruti tyres as mentioned in exbt-p-19 from Vanlalsiama, Thakthing Veng, Aizawl. Exbt-P-19 is seizure memo. Exbt-P-19(a) is his signature. He seized properties as mentioned in Exbt-P-19 from Vanlalsiama as the same were sold by the accused and the same were seized in the light of information they had received from the accused. On at about 10:30am he seized taxi light one number and different kinds of wrench from Laldawngliani W/o Lalchhuankima(L), Thakthing Veng. The same of which were hidden and concealed by the accused as per information from the accused. Exbt-P-20 is seizure memo Exbt-P-20(a) is his signature. Materials seized by him vide Exbt-P-19,20 belonged to vehicular part of Taxi MZ01 D/7299 to deceased Chawnghmingthanga stolen by the accused. During the course of his investigation it was seen that the registration number of Taxi MZ01 D-7299 was changed to MZ01 E by the accused by concealing material facts to the registering authority. During the course of his investigation he submitted a prayer to the court for discharge of other accused persons as he found no prima facie case against them in connection with the dead of Chawnghmingthanga. Since the PO was under the jurisdiction of Vaivakawn PS he submitted prayer to the court for transfer of the case to the Vaivakawn PS. He also examined some witnesses. Almost all investigations were completed such as sending requisition for FSL examination of materials etc. the case was transferred to Vaivakawn PS for which reason final memo was submitted by Inspector F.Bulliana. 7. PW-4 Zoramsanga Ralte Inspector of Police identified the accused and stated that he had been posted as O/C Aizawl PS since On the strength of Exbt-P-6 Aizawl PS case No.9/10 u/s 302/379 dt was registered and accordingly ASI MS.Dawngliana was directed to conduct inquiry. On the same day the inquiry officer submitted his reports and he identified his signature Exbt-P- 8(a) in the inquiry report and the case to SI Chawnkima to take up the investigation. On the same day he also forwarded accused to the court and he identified the forwarding letter Exbt-P-9 and his signature Exbt-P-9(a). 8. PW-5 Vanlalzuala Constable of Police stated that on he was on duty at Aizawl PS and he accompanied SI R.Chhawnkima and he was present at the time of seizure of Rs.5,800/- with black wallet, two numbers of Rs.1000, seven Numbers of Rs.500/- and three numbers of 100/- denomination and two ATM cards as mentioned in seizure memo Exbt-P-25, page No.3/3 effected by SI Chhawnkima from the accused and he was procured as seizure witness of the said seizure. He identified Exbt-M-1 the seized articles and Exbt-25(b) his signature. 9. PW 6 Lalhlimpuia Constable of Police stated that he was posted at Aizawl P.S. as constable in the year 2005 and he is still in the Aizawl P.S. On he accompanied S.I. R. Chhawnkima who seized some piece of non-reflector taxi sticker (yellow colour) which were torn off from taxi MZ-01D 7299 in his presence and he was seizure witness. Exbt. P-22 is seizure memo. Exbt. P-22 (b) is his signature. Exbt. M-I is the seized article. 10. PW-7 R.K. Hmingthanga stated that he is at present executive committee member Branch YMA Bungkawn. On one Police Officer namely R. Chhawnkima conducted inquest on the dead body of Chawnghmingthanga S/o Lalchawimawia, Bungkawn, Aizawl and the said dead body was identified by him for information of the Police before inquest was conducted. Since he was present at the time of conducting inquest on the said dead body by the Police, he appeared as one of the witnesses of the inquest conducted by the said Police officer. Exbt. P-26 (b) is his signature. 11. PW- 8 Malsawmkima stated that he is President VDP, Lengpui. On at about 10 Am to 12 Am inquest on the dead body of Chawnghmingthanga was conducted by S.I. R, Chhawnkima, Aizawl PS and being VDP President and as the said dead body was recovered in Lengpui Village Council area. He was requested by the Police Officer to witness the said inquest. Being present at the time of conducting inquest on the said body he was taken as one of the witnesses in the said inquest. Exbt. P-26(c) is his signature. 12. PW-9 R. Rualkhuma stated that he is permanent resident of Bungkawn Vengthar. He knows the deceased Chawnghmingthanga as he was his tenant for about three years along with his family till he met his doom. During his lifetime Chawnghmingthanga was a timid person and he never act in the manner and becoming to the society. The whereabout of Chawnghmingthanga was not known for sometime in the early part of January 2010 and he also visited the P.O. on where his dead body was recovered, 20 meters below NH-54, Lengpui road. He also covered his dead body by Mizo Puan as per their custom and practices at the P.O. He was present at the time when inquest was

4 conducted by the Police and also presents near the Morgue House where PME was conducted by the Doctor at Civil Hospital, Aizawl. He also received the dead body of Chawnghmingthanga after PME was conducted by putting his signature in the dead body challan. Being landlord of the deceased he did all which are stated there in before. 13. PW-10 C. Hrangthuama stated that on at about 3:30 PM S.I R. Chhawnkima seized one T.Shirt (Brown colour) and one polar jacket (green colour) in connection with Vaivakawn P.S. C/No. 68/10 to which he put his signature as witness in the seizure form. Exbt. P-21(b) is his signature in the seizure memo. Exbt. M-1 in the seized article. 14 PW-11 Michael Zosangliana indentified the accused and stated that on at around 2:00 PM he was arrested by the Police in connection with Vaivakawn P.S. C/No. 68/10. He appeared as one of the witnesses in connection with payment receipt in respect of sale of Maruti-800 (white) MZ 01 E-1817 sold to Pu Lalramthanga Sailo, Ngopa for a sum of Rs. 1.3 Lakhs by Laltanpuia, Thakthing, Aizawl. The said sale took place on and on being present in the said sale and purchase he appeared as one of the witnesses of the said sale and purchase. Exbt. P-5(a) is his signature in the payment receipt dt PW-12 Michael Lalrinpuia identified the accused and stated that he knows him when they took liquor together at Rangvamual in the month of December, 2009 and they lifted him upto Thathing Veng on the night there after on the night of 20 th December, 2009 they took liquor together at Thakthing wherein accused also was with them. On the night he put one knife on the table. The said knife was collapsible blade which means it can be folded since the said knife was so nice and being knowing each other he took the said knife from the table in good faith on the night and the accused who was under the influence of liquor did not see him taking the said knife. After sometime the accused requested him to give back the knife which he refused and the accused then made no problem in that regard. Thereafter on the night of he handed over the said knife to Aizawl P.S. as there was allegation that the said knife was used by the accused for stabbing one taxi Driver Chawnghmingthanga and the said knife was seized by the Police on that night. He handed over the said knife to Police as aforesaid as they requested him to bring the same to Aizawl Police Station. Exbt. M-1 is the knife which was seized from his possession. 16. PW-13 Michael Malsawmsangzela indentified the accused and stated that he was employed by Biakthuami during the said year as a driver. In the year 2008, Biakthuami purchased Maruti-800 model from Pu Ratana of BAwngkawn and he employed the accused as driver but after sometimes he sold the said car. In the year 2009 during the month of Nov./Dec. he went to R.V. along with the accused took liquor from the residence of Thartei and Michael Zosangliana and Michael Lalrinpuia also entered the house while they were there. In the afternoon self and accused were lifted by Michael Zosangliana and Michael Lalrinpuia by their bike and since then they accompanied each other. In the month of December 2009, he came to know that the accused has one vehicle. He gave telephonic call to accused and he informed him that he was at Hunthar Veng Vehicle Cleaning Station by making motor reflector and they joined him and he helped him in cleaning his said car after which they rushed to Rangvamual by the said vehicle belonging to the accused. Thereafter, accused sold his said vehicle to one person belonging to Tuikual locality after which he purchased another Maruti 800 car and he gave his new car to the person to whom he sold his first car. As far as he knows the accused gave telephonic call to the person who purchased his first car and as a result they left for Mission Veng and nearby the Mission Veng Church they met the person who purchased his first car. Accused then said that N.O.C. in respect of his new car will be available soon. On (Sunday) Maruti 800 car model belonging to the accused was inspected by some persons belonging to Ngopa. After that the accused said that he will leave for Mel-8 village and he did not accompany him. As far as he knows cars belonging to the accused were affixed with registration number. In connection with dead of Taxi driver Chawnghmingthanga, he had no involvement but Police arrested him and put him under their custody for about two weeks. The first Maruti Car 800 model belonging to the accused is white colour. 17. PW-14 Biakthuami identified the accused and stated that she employed the accused as his driver in the year She saw Maruti car 800 model belonging to the accused prior to the date of his sold and the said car was white in colour. On she visited her friend Dawngi from which she took a small quantity of curry from her. She then came to know that the accused had sold his 800 model car to someone. 18. PW-15 H.L.Lianzauva identified the accused and stated that on his wife purchased one Maruti Car 800 model bearing Regd.No.AS 01G-7116 from accused Laltanpuia for a sum

5 of Rs.1, 20, 000 /- and pursuant there to an agreement made on the said date in his presence and in the presence of H.Lalbiakthuami and Ramngaihsanga, accused Laltanpuia who sold the said car also put his signature in his presence and he also put his signature in the presence of accused and other two witnesses. Since Chesis No. and Engine No. are not similar with that of vehicular document he could not register in the name of his wife Remsangpuii and as such they exchanged after two days since the said purchased. His wife bought the said Maruti car 800 AS01 G-7116 as one private care bearing Regd No.MZ01 E 1817 which was purchased by his wife on the ngiht of from the accused for a sum of Rs.13,5000/- could not be registered in the name of his wife as engine number and Chesis number appeared in the vehicle are not similar with that of the document. For this reason his wife purchased AS- 01 G on from the accused Laltanpuia. Exbt-P-27 was agreement letter in respect of AS- 01 G-7116, Exbt-P-27(a) is his signature. 19. PW-16 Lalchungnunga identified the accused and stated that he knew him because while he was Executive Member of Mission Veng Taxi welfare Association as he enrolled as a member and become Taxi driver in that locality. He was employed by Biaktei at that time. He sometimes took vehicle from Shillong and Guwahati and the said fact was also known by the accused Laltanpuia and on he followed him to Shillong for taking vehicle and they departed from Aizawl at about 8:30pm by Sumo and reach Shillong on The accused Laltanpuia treated him Sumo fare and lunch. Since they could not find his desire model they proceeded to Guwahati on and on he purchased Maruti car 800 from Adhabari Bimal Agency and the said Maruti car bearing Regd.No.AS 01 G 7116 and he paid Rs.88,090/- excluding cost for taking NOC amounting to Rs.4000/-. They departed for Aizawl on the said date and reached Aizawl on the afternoon of He also visited him on Although the accused purchased the said car yet sale letter was made in his name as he has no requisite documents for purchase of the said vehicle. While they were in Shillong the accused informed him that Taxi he had sold to one person complaint by telephone that the said vehicle has no documents for which reason it was very difficult for him to have smile and happy face. 20. PW-17 Lalchhanchhuaha identified the accused and stated that he had been employed as shop-keeper in respect of vehicle part belonging to Lalnunenga, Thakthing since last three years. Apart from the said work he used to write vehicle number. In closing part of 2009 or early part of 2010 which he could not say for sure the exact date and time the accused contacted him through telephone requesting him to make an cut new vehicle number for him and on that night he collected the number which he cut for him in consideration of his said work he received a certain sum of money. After he took the said new number and he received labour charge he went away from the said motor parts shop. 21. PW-18 V.Ramenga identified the accused and stated that he read Vanglaini News dt from which he came to know an advertisement for sale of Maruti 800 model and he also contact the said owner. He met the said owner called Puia on the next day since he read particular Vanglaini issue. On checking motor document the name of the owner of the said car was Ratan Kumar. On he purchased the said car from the possession of Puia for a sum of Rs.1,35,000/- and at the same time he was also given motor documents but he told him that he will need after sometime and accordingly he took the said document from him on 22 nd Dec.,2009 and the registration No.of the said Maruti car was MZ-01-E/1817. On the eve of Christmas his said Maruti Car which he bought from accused Puia met with accident beyond repair and he disposed the same. He came to know the incident/ the acts of the accused from Television news service. 22. PW-19 Vanlalsiama stated that he was Taxi driver by profession and permanent resident of Thakthing Tlang, Aizawl and identified the accused and stated that he purchased two Taxi vehicle from accused but he do not remember the actual date by paying Rs.1000/- for the same. In connection with registration of this case the said two wheels were handed over to the owner of Taxi at Aizawl PS on for which reason he was in Aizawl PS on that day. On the aid date Police seized Taxi light and different wrench from Pi Laldawngliani and being present at the time of seizure he appeared as seizure witness. Exbt-P-20(b) is his signature in the seizure memo. Exbt-M-1 is the SA namely Taxi light and difference wrench. 23. PW-20 Laldawngliani identified the accused and stated that she knew him since middle of 2009 as he was employed by Lalbiakthuami as her private driver. On the night of they went to AR Lammual to enjoy Mela. On that occasion accused Laltanpuia was also present by driving his vehicle Maruti Car MZ01-E They also used the said car for taking money at Falkawn on After returning home from Falkawn the accused had sold his said car to Lalramthanga Sailo of Ngopa for a sum of Rs.130,000/- and the said sale and purchase took place in their house and he appeared as one of the witnesses. The accused had also put taxi light and different wrench in their house

6 and on SI R.Chhawnkima rung him up through telephone asking her as to whether the said articles aforementioned were hidden in her house and after searching her house they located the said articles under the bed belonging to her housemaid. She put the same to Aizawl PS by sending one of her house maid wherein the same were seized by the seizing officer. Exbt-P-5 (b) is her signature, Exbt-P-5 is the sale deed Maruti car mentioned in Exbt-P-5 is the one which they used for enjoying Mela at AR Lammual and for visisting Falkawn and at that time it was plain white 24. PW-21 Lalramthanga Sailo identified the accused and stated that on he purchased Maruti car 800 white colour bearing Regd.No.MZ01-E 1817 from accused Laltanpuia for a sum of Rs.1,30,000/- in the presencse of Laldawngliani and Michael Zosangliana and the sale and purchase took place in the residence of Laldawngliani, Thakthing Tlang(Veng). Aizawl. Exbt-P-5 is the payment receipt and Exbt-P-5(c) is his signature. On the next day he produced the car to the Aizawl PS as directed by Police and the Police seized it. So far as he knew the money he paid for the car was seized by police. 25. PW-22 R.Dengzikpuia stated that on at about 6:00pm Police had seized stainless knife with holster black in colour produced by Michael Lalrinpuia at Aizawl PS and he was present at the time of seizure and he put his signature in the seizure memo. Exbt-P-1 is the seizure memo Exbt-P-1(b) is his signature. 26. PW-23 Dr.Lalrozama stated that he was medical practitioner by profession and posted at Civil Hospital. Aizawl in Forensic Medicine and Toxicology. On 12 th Jan.,2010 while he was in duty at Civil Hospital he received Police requisition for conducting Post Mortem Examination on one dead body and at the same time the said dead body was brought in the said hospital. The said dead body was identified by SI R.Chhawnkima Case IO, Aizawl PS as the dead body of Chawnghmingthanga 36years S/o Lalchawimawia, Bungkawn Veng, Aizawl. He conducted Post-mortem on the said dead body at around 1:35pm and after he completed his examination he recorded his findings in the prescribed form ( Assam schedule XLIII). His report was duly counter signed by the Medical Superintendent, Civil Hospital, Aizawl. In his opinion the cause of death was due to multiple injuries to the chest and abdomen produced by sharp weapon. Injuries were ante-mortem in nature. Exbt-P-28 is PMER, Exbt-P- 28(a) is his signature. 27. PW-24 R.Sangzuala Asst.Director, FSL, Mualpui stated that on he had carefully examined the parcel sent to him containing one Car Maruti 800 bearing Regd.No.MZ-01 E 1817 and Riveted alluminium plate which he herein marked as Exbt-1&2. He had conducted the examination by using various scientific instruments and his findings are recorded in the report form. His opinion was also given in the report. In his opinion the Registration certificate containing the chasis No. and Engine No. does not tally with the riveted alluminium plate. 28. PW-25 R.Vanlalkima Asst.Director, FSL, Mualpui stated that on he examined the articles sent to him containing one maruti car (Maruti 800) marked here as Exbt-A, one folding knife with suspected stain, marked here as Exbt-B, one greenish T shirt with suspected stain marked here as Exbt-C and one green polar jacket with suspected stain marked here as Exbt-D. He conducted the examination by using various scientific instruments. His findings are recorded in the report form. Exbt- P-30 is his findings, Exbt-P-30(a) is his signature. 29. PW-26 F.Bulliana Inspector of Police identified the accused and stated that he was the case IO who submitted charge sheet against the accused Laltanpuia. In connection with Vaivakawn PS Case No.68/10 dt he investigated into the case and finding a prima facie case well established against the accused u/s 302/379/201(b)/427 IPC he submitted charge sheet to the court. Exbt-P-31 is charge sheet. Exbt-P-31(a) is his signature. Exbt-M-1 is the SA. 30. The accused was examined u/s 313 CrPC and asked the following questions. a) The first question is that from the evidence it appeared that on the night of he hired one taxi bearing Regd.No.MZ01 D-7299 and went to Rangvamual and then killed the driver Chawnghmingthanga and threw the dead body below the road and the body was found out by the Police at his instance and what he wanted to say and he replied in affirmative. b) The next question is that from the inquest and PME report plus the jacket worn by the deceased it appeared that he stabbed with a knife trice and what he wanted to say and he replied that he stabbed only once. c) The next question is from the testimony of PW-13 Michael Lalrinpuia on the night of he had taken drink with Michael Lalrinpuia and Michael Lalrinpuia took the knife which he

7 put on the table and the same was seized by the Police and it appeared that the knife was used by him for stabbing the deceased and was it true and he replied in negative and stated that the knife for stabbing the deceased was another knife. d) The next question is from the evidence it appeared that he took the Taxi driven by the deceased and changed the colour and the number and sold to the wife of HL.Lianzauva, Tuikual North on for Rs.1,20,000/- and changed the number as AS01G-7116 and Exbt-P-27 is the sale deed and what he wanted to say and he replied in affirmative. e) The next question is that before this he sold the Taxi to the same person and after that he purchased another Maruti Car with Lalchungnunga and after that the wife of HL.Lianzauva took the new one and he had taken back the Taxi and after that they made Exbt-P-27 and what he wanted to say and he replied in affirmative. f) The next question is that it appeared that he asked Lalchhuanawma to change registration No.and whether it was true or not and he replied that he asked him to cut the number reflection. g) The next question is that from the evidence it appeared that the Taxi which he took from the deceased was advertised in the Vanglaini News Paper for sale and that was why Lalramthanga Sailo Ngopa purchased it on for Rs.1,30,000/- and he also changed the number as M Z01-E and Exbt-the sale deed Exbt-P-5 and the registration number was the number which was the vehicle number purchased by Biakthuami from Ratan Kumar and whether it was true and replied in affirmative. h) The next question is that from the evidence it appeared that before he sold to Pu Lalramthanga Sailo he used to drive the vehicle and Michael Malsawmdawngzela also help him in cleaning the vehicle and he also carried Biakthuami and Laldawngliani on the night of by the vehicle to see Mela at AR ground and not only this he also carried the two ladies and went to Falkawn and after that he sold to Lalramthanga Sailo and Exbt-P-5 was excuted in the house of Laldawngliani and what he wanted to say and he replied in affirmative. i) The next question is that it appeared that before he sold the Taxi he sold two wheel realms to Vanlalsiama Thakthing Tlang and what he wanted to say and he replied that he did not sell but he exchanged with his wheel realms. j) The last question is whether he had any defence witness and he replied in negative. 31. The defence did not examine any witness. 32. I heard the ld PP, Pu R.C.Thanga, assisted by the ld Addl PP Pu lalchhandama and ld APP Pi Lalthanmawii who submitted that from the evidences available on record, it was clear that the accused hired the taxi driven by the accused on the night of the incident and stabbed him death and threw the dead body down below the road and he changed the colour and number of the taxi and sold it and at the time of his examination u/s 313 Cr PC, the accused himself also admitted the facts and the prosecution proved the guilt of the accused beyond a shadow of all reasonable doubts and prayed to convict the accused. 33. I also heard Pu A.Hussain the ld Counsel for defence who frankly informed the court that the accused caused the death of the deceased, but there was no any enmity between the accused and the deceased and there was no preplan and no intention and the accused committed an offence punishable under section 304 IPC but not under section 302 IPC. 34. PW 1 Remruatdika is the complainant who lodged the FIR, exbt P-6 and the FIR was proved From his statement it appears that he is the owner of the taxi driven by the victim and and the victim tok out the taxi bearing Regd No MZ-01-D-7299 on and since the driver victim and the taxi did not return home, he lodged the FIR on the night of to the OC, Aizawl PS. 35. PW 2, ASI of Police, Pu MS Dawngliana enquired the matter as directed by the OC. He seized a knife, exbt M-1 which was produced by Michael Lalrinpuia, PW 12 and also seized Rs one lakh and Registration Certificate of Maruti 800 bearing No MZ on being produced by PW 20 Laldawngliani on and on the same day he also seized Maruti 800 white colur Regd No above and payment receipt from PW 21 Lalramthanga Sailo. The seizure Memos exbt P-1, 2 and 3, 4 and 5 are proved. In his cross he did not deny the suggestion that exbt M-1 was not recovered from the accused. 36. S.I of Police Pu R.Chhawnkima, PW 3 investigated the case and on he arrested the accused and exbt P-23 is the arrest memo. He visited the P.O. and had drawn sketch map, exbt P-24. At the instance of the accused the dead body was recovered and he also seized from the accused a sum of Rs 5800/- and ATM and exbt P-25 is the seizure memo thereof. He also seized some

8 piece of non-reflection taxi stricker from the possession of the accused and exbt P-22 is the seizure memo. On he seized one T-shirt, brown clour with blood stain and one polar jacket with three marks of knife hole worn by the deceased and exbt P- 21 is the seizure memo. He conducted inquest and exbt P-26 is the inquest report. From the report it appears that there were three incise wounds.he also seized two numbers of Maruti tyres from Vanlalsiama, PW 19 Vanlalsiama and exbt P-19 is the seizure memo. He also seized on taxi light and different kinds of wrench from the residence Laldawngliani PW 20 at the instance of the accused and exbt P-20 is the seizure memo. From his investigation it appears that the Taxi number MZ-01-D-7299 was changed to MZ-01-E-1817 by the accused. Since the PO was fell under the jurisdiction of Vaivakawn PS, the case was transferred to Vaivakawn P.S. From his cross it appears that he recorded the statements of witnesses. 37. PW 4 Inspector Zoramsanga Ralte is the OC, Aizawl PS who registered the case and directed PW 3 to investigate the case. 38. PW 5 Constable Vanlalzuala is seizure witness in respect of Rs 5800 and ATM and the seizure memo exbt P-25 is proved. And the material exbt M-1 is identified by him. 39. PW 6 Constable Lalhlimpuia is the seizure witness of some piece of non-reflector of taxi sticker and the seizure memo exbt P-22 is proved and the seized article exbt M-1 is identified. 40. R.K.Hmingthanga, PW 7 was present at the time of conducting inquest and the report exbt P-26 is proved. He denied the suggestion that he was not present at the time of conducting the inquest. 41. PW 8, Malsawmkima is the other witness of the inquest and he also identified the report exbt P PW 9, R.Rualkhuma is the landlord of the deceased who also visited the PO and he was present at the time of conducting the inquest and PME and received the dead body. 43. PW 10, S.I. of Police was present at the time of seizing T-shirt and polar jacket by PW PW 11, Michael Zosangliana was present at the time selling the taxi by the accused to Lalramthanga Sailo and he identified exbt P-5, the Payment receipt/sale deed and the exbt. P-5 is proved. 45. PW 12, M ichael Lalrinpuia took the knife, exbt M-1 from the accused on the night of and the same was seized by PW 3. However, the accused stated at the time of his examination that that knife was not the knife used by him for stabbing the deceased but it was another knife. 46. From the statement of PW 13 Michael Malsawmsangzela it appears that in the month of December, 2009 he came to know that the accused was having a vehicle and he telephoned the accused and the accused informed him that he was at Hunthar cleaning vehicle and joined accused and helped accused in cleaning his car. Further it also appears that after that accused sold his car to the wife of PW 15, HL Lianzauva and purchased a new one and gave it to the wife of PW 15. However, from his cross it seems that he was not present at the time of selling the vehicle. 47. PW-14 Biakthuami employed the accused as her driver in It also appears that she herself saw the Maruti car of the accused before his sale and the car was white in colour. 48. From the statement of PW-15 H.L.Lianzuala it appears that on purchased the vehicle of the accused which he took from the deceased for Rs.1,20,000/- and made the sale deed Exbt- P-27. The statement of PW-13 is corroborated by his statement. Further it also appears that since Chasis No. and Engine No. of the vehicle were not similar with that of the documents he could not register in the name of his wife Remsangpuii and as such they exchanged after two days. It appears that before this he purchased the vehicle from the accused in the name of his wife on for a sum of Rs.1,35,000/- and since it could not be registered he purchased another vehicle from the accused on and the first vehicle was bearing Regd.No.MZ01-E 1817 and the second vehicle was bearing Regd.No.AS-01G The defence could not sake the statement in the cross examination. 49. From the statement of PW-16 Lalchungnunga it appears that with the accused they went to Shillong on That means that the accused and PW-16 went to Shillong on the following

9 day of his selling the taxi which he took from the deceased to the wife of PW-15. Further it also appears that on 18 and they went to Gauhati and the accused purchased Maruti Car 800 from Adhabani Bimal Agency and the car was bearing Regd.No.AS-01G-7116 for Rs.88000/- and returned to Aizawl on The statement of PW-15 is corroborated by his statement. It seems that the accused sold the Taxi to the wife of PW-15 and since the Chasis and Engine Numbers were not similar with the documents he could not register the vehicle and after he sold the taxi the accused purchased a new one with PW-16 and then gave the new vehicle which he purchased from Gauhati to the wife of PW-15 and he himself took back the taxi on and on this day the sale deed Exbt-P-27 was also executed. At the time of his examination u/s 313 Cr.PC the accused was asked the question that from the evidence he took the taxi from the deceased and sold to the wife of HL.Lianzauva on bearing Regd.No.AS-01G-7116 and he replied in affirmative and he was also asked the question that before this, he sold the vehicle to the wife of HL.Lianzauva and then went to Gauhati with Lalchungnunga and purchased a new car and then exchanged the new car for the Taxi and then made Exbt-27 and he replied in affirmative. The statements of PW-15 and 16 were corroborated by the statement of the accused. From his cross examination it appears that PW-16 do not know the owner and driver of the Taxi which was driven by the deceased. 50. PW 17 Lalchhanchhuaha used to write vehicle number. From his statement it appears that in closing part of 2009 or early part of 2010, the accused contacted him through telephone requesting him to make and cut new vehicle number for him and on that night he collected the number which he cut for the accused and in consideration of his work the accused gave a certain sum of money and he statement could not be shaken by the defence. The number of the Taxi driven by the accused was MZ01 D 7299 and after the driver was killed the accused took the Taxi and changed the number to MZ01 E 1817 and that number was written by Lalchhanchhuaha the present witness. 51. From the statement of PW-18 V.Ramenga it appears that he purchased Maruti from accused for Rs /- on and from the document the owner of the vehicle was Ratan Kumar and on the documents was taken from him by the accused and that vehicle was bearing registration No.MZ01-E 1817 and the car met with accident beyond repair and disposed the same. It appears that Biakthuami PW-14 purchased this car from Ratan Kumar without changing the name of the owner and the accused was employed by her as a driver in 2008 and V.Ramenga purchased the same from the accused who was the driver of Biakthuami and that car met with accident. The registration number of the Taxi driven by the deceased was changed to the number of this car, i.e MZ-01 E/1817 by the accused with the help of PW From the statement of PW-19 Vanlalsiama it appears that he purchased two Taxi wheels from the accused for Rs.1000/- and handed over to Aizawl PS and the police seized the same. At the time of his examination the accused was asked the question that it appeared that before he sold the Taxi he sold two wheel realms to Vanlalsiama Thakthing Tlang and what he wanted to say and he replied that he did not sell but he exchanged with his wheel realms. The statement of the present PW is corroborated by the answer of the accused. Further Vanlalsiama is the seizure witness and he identified Exbt-P-20 the seizure memo in respect of Taxi light and different wrench. 53. From the statement of PW-20 Laldawngliani it appears that the accused carried her on by Maruti car bearing MZ-01-E-1817 white in colour to AR Lammual to enjoy Mela and by the same car she was also carried to Falkawn on The statement of PW-14 is corroborated by her statement. Further it also appears that the accused sold the Taxi to Lalramthanga Sailo of Ngopa PW-21 for Rs /- in her house and the sale deed was also executed in her presence and she was the witness and Exbt-P-5 the sale deed was proved. Further it also appeared that the accused put Taxi light and different wrench in her house and on SI R.Chhawnkima asked her on telephone whether the articles were hidden in her house and after searching her house they located the said articles under a bed belonging to her housemaid and then handed over to the Aizawl PS by sending one of her housemaid and the statements of PW-19 and PW-2 are corroborated by her. It appears that after the accused took the taxi from the wife of HL.Lianzauva he used for carrying Laldawngliani and then sold to Lalramthanga Sailo PW-21. The defence could not sake her statement. 54. PW-21 Lalramthanga Sailo is the person to whom the said taxi was sold by the accused on for Rs /- From his statement it appears that he purchased the said car white in colour bearing Regd.No.MZ01-E-1817 from the accused in the presence of Laldawngliani PW-20 and Michael Zosangliana PW-11 in the residence of Laldawngliani and he identified the sale deed/ payment receipt Exbt-P-5. The statements of PW-11 and 20 are corroborated by his statement. Further it also

10 appears that the car was seized by the Police. From his cross examination it appears that there was no documents transferred in his name except Exbt-P PW-22 R.Dengzikpuia is the seizure witness of knife and he identified the knife Exbt-M- 1 and the seizure memo Exbt-P-1 and Exbt-P-1 is proved. However, as already mentioned earlier, the accused stated that the knife was not used by him for stabbing the deceased but he used another knife. 56. PW-23 Dr.Lalrozama conducted PME on and Exbt-P-28 is the PME report and it is proved. From the PME report it appears that there were three injuries, (a) clear cut wound on left side front of chest measuring 2.5cm long and gaping 2cm wide placed 3.5cm below nipple and 5.5cm from midline cutting lower margin of 5 th rib, (b) clear cut wound 2cm long and gaping 1.5cm on left side of chest placed 2.5cm from midline and 8cm from upper sternum and (c) clear cut wound 3cm long and 1cm gaping placed on apigastric region 0.5cm on the left of midline. In the opinion of the Doctor the cause of the death was multiple injuries to the chest and abdomen produced by sharp stabbing weapon. From the Exbt-P-28 it appears that there were three injuries and at the time of his examination the accused stated that he stabbed only once but from the inquest and PME report it appeared that the accused stabbed three times. 57. PW-24 R.Sangzuala Asst.Director, FSL examined the vehicle bearing Regd.No.M Z01-E on by using scientific method. In his opinion the registration certificate containing the Chasis number and Engine number did not tally with the reveted alluminium plate and Exbt-P-29 is his examination report. 58. PW-25 R.Vanlalkima Asst.Director, FSL examined the knife Exbt-M-1 on and the T.shirt and the jackets which were worn by the deceased and Exbt-30 is the report. From his cross examination it appears that the blood of the deceased was not sent to him for his examination and that is why he could not ascertain as to whether the blood stain on the articles were the same blood as that of the deceased. 59. PW-26 Inspector of Police F.Bulliana is the case IO who filed the charge sheet Exbt-P- 21. The charge sheet was proved. From his cross examination it appears that he did not visit the PO. PW-3 SI Chhawnkima investigated the case and it was transferred to Vaivakawn PS and after this F.Bulliana filed the charge sheet. 60. At the time of his examination u/s 313 Cr PC, the accused admitted that on the night of he hired the taxi bearing Regd No MZ-01-D-7299 driven by the deceased and killed the driver by stabbing three times but he stated that he stabbed only once and threw the dead body down below the road and at his instance the dead body was recovered and he also admitted that he changed the colour and number and sold to the wife of HL Lianzauva and after that he purchased a new car from Gauhati and then gave the new one bearing Regd No AS-01G-7116 to the buyer and then took back the taxi and made sell deed exbt P-27 and after that he arvertised for sale in the vanglaini News paper and then sold to Lalramthanga Sailo for Rs 1,30,000/- and executed the sale deed/payment Reciept exbt P-5 and he used the vehicle No MZ-01-E-1817 which was the number of the vehicle purchased by Biakthuami from Ratan Kumar. 61. In this instant case, there is no direct evidence and all evidences are circumstantial. 62. The Supreme Court in the case of State of U.P. v. Ram Balak & Anr., reported at (2008) 15 SCC 551 had dealt with the whole law relating to circumstantial evidence in the following terms: - "It has been consistently laid down by this Court that where a case rests squarely on circumstantial evidence, the inference of guilt can be justified only when all the incriminating facts and circumstances are found to be incompatible with the innocence of the accused or the guilt of any other person. (See Hukam Singh v. State of Rajasthan, Eradu v. State of Hyderabad, Earabhadrappa v. State of Karnataka, State of U.P. v. Sukhbasi, Balwinder Singh v. State of Punjab and Ashok Kumar Chatterjee v. State of M.P.) The circumstances from which an inference as to the guilt of the accused is drawn have to be proved beyond reasonable doubt and have to be shown to be closely connected with the principal fact sought to be inferred from those circumstances.

11 63. In Hanumant Govind Nargundkar and Anr. V. State of Madhya Pradesh, (AIR 1952 SC 343), wherein it was observed thus: It is well to remember that in cases where the evidence is of a circumstantial nature, the circumstances from which the conclusion of guilt is to be drawn should be in the first instance be fully established and all the facts so established should be consistent only with the hypothesis of the guilt of the accused. Again, the circumstances should be of a conclusive nature and tendency and they should be such as to exclude every hypothesis but the one proposed to be proved. In other words, there must be a chain of evidence so far complete as not to leave any reasonable ground for a conclusion consistent with the innocence of the accused and it must be such as to show that within all human probability the act must have been done by the accused. 64. In the case in hand, the dead body of the deceased was recovered at the instance of the accused and on the spot PW 3 conducted inquest in the presence of R.K.Hmingthanga PW 7 and Malsawmkima, pw 8, and exbt P-26 is the report. 65. In Roop Rupa Vs. The State of Punjab reported in 2008 (10) SCR 52, 2008 (11) SCC 79, 2008 (9) SCALE 432, 2008 (1111) JT 101, it was held: 5. It has been consistently laid down by this Court that where a case rests squarely on circumstantial evidence, the inference of guilt can be justified only when all the incriminating facts and circumstances are found to be incompatible with the innocence of the accused or the guilt of any other person. (See Hukam Singh v. State of Rajasthan AIR (1977 SC 1063); Eradu and Ors. v. State of Hyderabad (AIR 1956 SC 316); Earabhadrappa v. State of Karnataka (AIR 1983 SC 446); State of U.P. v. Sukhbasi and Ors. (AIR 1985 SC 1224); Balwinder Singh v. State of Punjab (AIR 1987 SC 350); Ashok Kumar Chatterjee v. State of M.P. (AIR 1989 SC 1890). The circumstances from which an inference as to the guilt of the accused is drawn have to be proved beyond reasonable doubt and have to be shown to be closely connected with the principal fact sought to be inferred from those circumstances. In Bhagat Ram v. State of Punjab (AIR 1954 SC 621), it was laid down that where the case depends upon the conclusion drawn from circumstances the cumulative effect of the circumstances must be such as to negative the innocence of the accused and bring the offences home beyond any reasonable doubt. 6. We may also make a reference to a decision of this Court in C. Chenga Reddy and Ors. v. State of A.P. (1996) 10 SCC 193, wherein it has been observed thus: In a case based on circumstantial evidence, the settled law is that the circumstances from which the conclusion of guilt is drawn should be fully proved and such circumstances must be conclusive in nature. Moreover, all the circumstances should be complete and there should be no gap left in the chain of evidence. Further the proved circumstances must be consistent only with the hypothesis of the guilt of the accused and totally inconsistent with his innocence In Padala Veera Reddy v. State of A.P. and Ors. (AIR 1990 SC 79), it was laid down that when a case rests upon circumstantial evidence, such evidence must satisfy the following tests: (1) the circumstances from which an inference of guilt is sought to be drawn, must be cogently and firmly established; (2) those circumstances should be of a definite tendency unerringly pointing towards guilt of the accused; (3) the circumstances, taken cumulatively should form a chain so complete that there is no escape from the conclusion that within all human probability the crime was committed by the accused and none else; and (4) the circumstantial evidence in order to sustain conviction must be complete and incapable of explanation of any other hypothesis than that of the guilt of the accused and such evidence should not only be consistent with the guilt of the accused but should be inconsistent with his innocence. 8. In State of U.P. v. Ashok Kumar Srivastava, (1992 Crl. LJ 1104), it was pointed out that great care must be taken in evaluating circumstantial evidence and