THE STATE OF MANIPUR Vs. KHAMBA SINGH

JUDGEMENT

(1.) Both the appeals are directed against an order of acquittal recorded by the learned Addl. Sessions Judge, FTC Manipur East in ST Case No. 5/04/13/05. Government Cril. Appeal No. 2/2010 has been filed by the State of Manipur challenging the order of acquittal and Cril. Appeal No. 1 of 2010 has been filed by the daughter of the deceased challenging the very same order.

(2.) The case of the prosecution is that on 4.3.2002 at 7.30 PM one Bramhacharimayum Dhananjoy (informer) reported in writing to the Officer in-Charge, Imphal P.S. that his elder brother, the deceased, had left home at about 7 pm on 3.3.2002 to witness a musical concert at Keishampat Leimajam Leikai but did not return home in the night. Later, he was found killed by some unknown persons with cut injuries on his neck at the Ingkhol (homestead land) of one Phurailatpam Bedgarma Sharma of Sagolband Meino Leirak at about 6:30 AM of 4.3.2002. On the basis of such allegation contained in the FIR, a case was registered for commission of offence u/s 302 and 34 IPC and investigation was undertaken. After completion of the investigation, charge sheet was submitted against the respondent-accused alone for commission of offence under Section 302 of IPC.

(3.) In course of the trial, 22 witnesses were examined on behalf of the prosecution and none was examined on behalf of the defence. On analysis of the evidence adduced on behalf of the prosecution, the learned Addl. Sessions Judge, FTC, Manipur East did not find any material to record an order of conviction and accordingly acquitted the respondent of the charge.