HOPESON NINGSHEN Vs. C.B.I.

JUDGEMENT

(1.) The present appeal has been filed under Section 374 of the Code of Criminal Procedure (hereinafter referred to as 'Cr.P.C.') assailing judgment dated 31.05.2014 passed by the Special Judge, Patiala House Courts, Delhi in a Criminal Complaint No. 36/10 arising out of FIR RC No.IMPH-2009-S0002 and IMPH-2009-S0003, registered under Sections 120-B/364/364A/302/392/34/411 of the Indian Penal Code, 1860 (hereinafter referred to as 'IPC') and under Section 16 read with Section 15 of the Unlawful Activities (Prevention) Act (hereinafter referred to as 'UAP' Act) registered at Police Station CBIACB, Imphal, whereby the appellant Hopeson Ningshen has been held guilty under Section 120B read with Sections 364A/392/302 of IPC, Section 364A read with Section 120B of IPC, Section 302 read with Section 120B of IPC and Section 392 read with Section 120B of IPC. Challenge is also made to the order on sentence dated 30.06.2014 whereby the following sentences were awarded to the appellant herein:

(2.) The case of the prosecution as noticed by the learned Trial Court reads as under:

(3.) It is the case of prosecution that the appellant Hopeson Ningshen alongwith 3 other accused persons namely Abo Sibo @ Yurhur (selfstyled Major and Town Commander of the NSCN-IM, Ukhrul), Themshang @ Themhorshang @ Ashang and Jonney (self-styled Sergeant Major, NSCN-IM) were involved in the commission of the offence. Barring the appellant herein, all the three aforementioned accused persons were absconding from the Trial Court.