DIRECTOR, CBI Vs. HUIDROM SADANANDA SINGH

JUDGEMENT

(1.) This Revision application is directed against the order dated 15.4.2014 passed by the then Sessions Judge, Manipur East in Sessions Trial Case No.24/12/69/13 (arising out of RC NO.4(S)2003-Kolkata registered u/s 120-B/302/364-A of IPC & 27 of the Arms Act) whereby and where under learned Sessions Judge, after having held that no prima facie evidence is there for framing charge against the three accused persons namely Sadananda, Ibomcha and Brojen, discharged them from the case.

(2.) The facts leading to filing of this Revision Application are being given hereunder:

(3.) Subsequently, CBI, upon case being entrusted to it, took up the investigation, in course of which, it recorded the statement of Geetchandra Singh who, upon being released on bail in connection with this case, had been lodged in a Jail under the National Security Act. He made statement that while he was teaching in a private school, Candid Academy English Medium School, he came in contact with one Pheijao who instigated him to join a underground organization. When he gave nod to his proposal, he was taken on 15.5.2003 by said Pheijao to a village Ningthoukhong from where he was taken to a floating hut at Loktak lake. There, he saw a nonmanipuri man who had been made captive in the said floating hut and was being guarded by 10/12 armed personnel. In the floating hut, he (Geetchandra) was interrogated extensively by two KYKL members for about 2 days but they did not find him fit to be a member of KYKL on health ground and therefore he was asked by the leader of KYKL to go back home. On 18.5.2003 said non Manipuri person, who had been taken earlier to another floating hut was brought back again to the said floating hut and then he had talk with him during which he(non-manipuri) could know that he is returning back home. Upon knowing this, non-manipuri man gave a chit to him and asked him to hand over it to his family members so that he be rescued from the clutches of KYKL. Before leaving the hut, he was thoroughly searched during which the said chit was recovered and thereby he was severely beaten up. However, he came back home. After coming home he contacted the family members of the victim and expressed to them that he is willing to help them in getting the victim released from the clutches of underground people. When he got nod of the family member, he took family members of the victim before one Hidam Kanta to whom he (Geetchandra) had seen interacting with the members of the KYKL at floating hut in between 15.5.2003 to 18.5.200 He, in order to help the victim, even contacted L. Rajen Singh, the elder brother of the accused Premkumar, Self styled Lieutenant of KYKL and requested him to do needful in the matter of release of the victim. Upon it, Rajen Singh asked him to arrange a person from the victim's family for negotiation, but no one turned up and therefore matter could not be taken further. He further disclosed that while he was in custody, he was shown photographs of the 6(six) persons in presence of jail staff to whom he identified as the persons including the accused persons who were keeping watch at the floating hut. He also identified the photograph of the victim.