BACHASPATIMAYUM THAMBOU SHARMA Vs. STATE OF MANIPUR

JUDGEMENT

(1.) THIS is a Criminal Revision Petition filed under Section 438 read with Section 561 A Cr. P.C. by the accused in F.I.R. case 898 (8) I.P.S. against the judgment of the Additional Sessions Judge in Cr. Appeal 8 -7 -1966 on his file sentencing them to pay fine of Rs. 30 each or to suffer S. I. for 15 days on default and otherwise dismissing the appeal filed by them and upholding their conviction by the First Class Magistrate under Section 506 I.P.C. in F.I.R. Case 898 (8)/64 on the latter's file.

(2.) THE case of the prosecution, which was launched by the Police, is that at about 6/7 A.M. on 9 -6 -1964 the revision -petitioners (accused) came to the gate of the complainant, Shri Th. Suresh Singh of Khagempali, when he was washing his mouth in his pond near his house and held out a threat to kill him and also abused him by using obscene language and that they are liable to be punished under Sections 294 and 506 I.P.C. The complainant filed Ext. A/1 report in the police station in Imphal on the next day of 10 -8 -1964 at about 1 -30 P.M.

(3.) THE case of the petitioners is that there was enmity between the brother of P.W. 1 the complainant and the petitioners, who are their neighbours, that P. W. 1's brother filed a false criminal case against them - alleging that they committed burglary in his house, but that they were discharged and that P.W. 1 falsely implicated them. They examined Ch. Priyokumar Singh as D.W. 1 to prove Ex. D. 1 final order of discharge in Ext. D -2 F.I.R. case 758 (7)/1964.