AKHAM AMUSAKTHI SINGH Vs. UNION TERRITORY OF MANIPUR

JUDGEMENT

(1.) THE two petitioners, who were accused 1 and 2 in the Magistrate's Court were charged under Section 326 I.P.C. that on 23 -11 -56 they voluntarily caused grievous hurt by an instrument for cutting, to wit a kind of Dao, to Maibam Sarnpaha Singh alias Sampha Singh. There was a third accused one Mingthoujam Selungba Singh, against whom a charge under Section 326 read with Section 34 I.P.C. was framed alleging that he abetted the two petitioners in voluntarily causing grievous hurt. This accused thed in the course of the trial and the case proceeded only against the two petitioners in the Magistrate's Court. One fails to understand, however, how for abetment of an offence a charge under Section 34 happened to be framed against the 3rd accused. The charge ought to have been under Section 109 I.P.C. But it is not very material now as the said accused is dead.

(2.) THE charge against the two petitioners was for causing grievous hurt only to one person namely Maibam Sampha Singh, who was P.W. 5 in the case. But the Magistrate's Court as well as the appellate Court have dealt with the case as if the charge was for causing grievous hurt to P.W. 4 Kokil Singh and to P.W. 5 Sampha Singh. I also find that throughout the trial, all the P.Ws. have mentioned about the injuries caused to P.Ws. 4 and 5. Even the doctor P.W. 12 was made to speak of the injuries to both P.Ws. 4 and 5 and the Medical reports Exts. P/6 and P/7 in respect of both of them were marked at the trial.

(3.) I expect the lower Courts to bestow much more attention to the charge framed against the accused' persons than what has been done in the present case. Otherwise there is likelihood of gross miscarriage of justice, If it was found that the charge as originally framed was defective and omitted the grievous hurt caused to P.W. 4, it was the duty of the Magistrate to amend the charge suitably and read and explain it to the accused persons before proceeding with the trial. The appellate Court also is expected to go through the charge framed against the accused and the evidence recorded at the trial and see that there has been a proper trial on the charge framed against the accused.