NGANGBAM PREMJIT SINGH Vs. STATE OF MANIPUR

JUDGEMENT

(1.) Yumlembam (Ningol) Ngangbam (Ongbi) Latabi Devi, a newly wedded young woman of about 20 years of age, was killed on 2/3/2013. Ngangbam Premjit Singh, her husband, was charged with her murder. Ngangbam Ibobi Singh and Ngangbam (Ongbi) Channou Devi, his parents, were charged with offences punishable under Sec. 109 IPC read with Sec. 34 IPC and Sec. 498-A IPC read with Sec. 34 IPC. All of them pleaded not guilty and claimed to be tried. During the trial in Sessions Trial Case No.3 of 2015/10 of 2015 on the file of the learned Sessions Judge, Imphal West, the prosecution examined 13 witnesses and marked in evidence 11 exhibits. Material Objects 1 to 6 were also marked. All the accused were subjected to examination under Sec. 313 Cr.P.C but they did not choose to adduce evidence. Thereupon, by judgment and order dtd. 17/4/2018, the learned Sessions Judge convicted Ngangbam Premjit Singh of the offence punishable under Sec. 302 IPC but acquitted his parents of all charges. By judgment of sentence dtd. 18/4/2018, the learned Sessions Judge sentenced Ngangbam Premjit Singh to rigorous imprisonment for life and payment of a fine of Rs.10,000.00. Aggrieved by his conviction and sentence, Ngangbam Premjit Singh is in appeal under Sec. 374(2) Cr.P.C.

(2.) Heard Mr. S.Chittaranjan, learned counsel for the appellant; and Mr. Athouba Khaidem, learned Public Prosecutor, appearing for the State.

(3.) The case of the prosecution: Yumlembam Chourajit Singh, the father of the deceased, lodged a written report on 2/3/2013 with the Officer-in-Charge, Sekmai Police Station, alleging that his daughter was killed by strangulation at her husband's house at around 2.30 pm on that day. He alleged that this was done by her husband and his family members and requested that the culprits/accused persons be arrested. The Original Ejahar was marked as Ex.P-1. On the strength on Ex.P-1, FIR No.24 (03) 2013 was registered by the Officer-in-Charge, Sekmai Police Station, at 3.20 pm on 2/3/2013, under Ss. 302 and 34 IPC. The accused were shown therein as "Ngangbam Premjit Singh and his family members'. The FIR was marked as Ex.P-10. The case was thereupon endorsed to Oinam Nungshijao Singh, Inspector of Police (PW-12), for investigation. He stated before the Sessions Court that, upon receiving the endorsement, he took up investigation by examining the complainant who corroborated what was stated in the Original Ejahar. He then went to the place of occurrence at about 3.45 pm, along with a police party. He investigated the spot and found that the body of the deceased was lying on a kouna mat on the floor in her bedroom. He found bruise marks around her neck. He prepared a Rough Sketch Map (Ex.P-11) and also got photographs taken (MOs 2 to 6). He claimed that the husband of the deceased, who was present there, admitted to having killed her by strangling with a Chuni. He also told him that the Chuni was lying on the bed of the deceased. PW-12 seized the Chuni under a Seizure Memo (Ex.P-2). He requested the District Magistrate, Imphal West, to depute an Executive Magistrate for conducting an inquest over the dead body. Within sometime, W. Itocha Singh, Sub-Deputy Collector, Sekmai (PW -7), came to the place of occurrence and conducted an inquest over the dead body in the presence of witnesses. His Inquest Report was marked as Ex.P-4. PW-12 also conducted an inquest under Sec. 174 Cr.P.C. in the presence of witnesses and his Inquest Report was marked as Ex.P-3. PW-12 thereupon arrested Ngangbam Premjit Singh and his father, Ngangbam Ibobi Singh. The body of the deceased was sent for post mortem examination to Regional Institute of Medical Sciences, Imphal, at about 7.45 pm. The Post Mortem Examination Report was marked as Ex.P-6. Dr. Memchoubi Ph., Assistant Professor, Department of Forensic Medicine, RIMS, Imphal (PW-11), conducted the autopsy of the deceased and opined that her death was due to strangulation and was homicidal in nature. She also confirmed that the deceased was pregnant at that time and the age of the foetus was more than four months. On 4/3/2013, PW-12 arrested Ngangbam (Ongbi) Channou Devi, the mother-in-law of the deceased. PW-12 completed the investigation and filed Charge-Sheet No.3/Sek-PS 2013 dtd. 31/7/2013 against the accused for the offences alleged therein. The Charge Sheet was marked as Ex.P-9.