THOKCHOM BIRA SINGH Vs. MANIPUR ADMINISTRATION,

JUDGEMENT

(1.) THIS is an appeal filed by the six appellants against their convictions under Sections 147, 333 read with Section 149, 323 read with Section 149, and 440 read with Section 149 I. P. C. and against the sentences of one year's R. I. under Section 147, 4 years' R. I. under Section 333 read with Section 149, one year's R. I. under Section 323 read with Section 149 and two years' R. I. under Section 440 read with Section 149 in Sessions Trial No. 30 of 1960 by the Sessions Judge, Manipur. The sentences were ordered to run concurrently. It was mentioned that out of the six appellants, four persons, namely, Iboyaima Singh, Pisak Singh, Copal Singh and Jatra Singh were let off by the Manipur Administration and their sentences were remitted under Section 401 Criminal Procedure Code The learned advocate for the appellants stated that he had no further instructions from the said appellants to further prosecute the appeal on their behalf. Thus, the appeal was pressed only by appellants 1 and 3 Th. Bira Singh and Ch. Ibotombi Singh.

(2.) THE prosecution case against them was as follows:

(3.) WE are concerned in this case with a serious occurrence which took place between 2 -00 p.m. and 5 -00 p.m. on the very same afternoon. Anticipating trouble near the Secretariat Buildings and the Magistrates' Courts, four sections of Civil Police, one section of Bihar Military Police and one section Manipur Rifles were posted even from the morning under the command of P. W. 1, Shyamkishore Singh Dy. S. P. to meet any emergency. We are not much concerned with what took place before 2 -00 p.m. It is enough to say that a crowd of 200 to 400 persons had assembled even at 10 -00 a.m. in front of the Secretariat building and were shouting slogans and the Police pushed them back and they retreated to a place in front of the Manipur Rifles Ground to the south of the Secretariat building. By 3 -00 p.m. the crowd had swelled to 2000 and the first appellant Th. Bira Singh was said to have been leading the mob. Thereafter, a lathi charge took place and the crowd retreated further to the south and took its place in front of the Inter State Police Wireless Station and began to pelt stones. Shri H. Choudhury (P. W. 12) Magistrate, asked the people to disperse after announcing that order under Section 144, Criminal Procedure Code has been promulgated and that it was an unlawful assembly. But the command was not heeded. Tear gas and lathi charge were then tried, but without effect. Two of the Police personnel, namely A. S. I. Nongthomba Singh, (P. W. 9) and constable Songjin Paite (P. W. 23) fell unconscious on account of injuries received by the continued pelting of stones. The stones also damaged the glass panes of the Inter State Police Wireless Station and the persons working in the Station found themselves unable to carry on their normal duties. At about 3 -50 p.m., the District Magistrate (P. W. 18) who had come to the place ordered the firing of 3 volleys and it was done. The crowd then fell back towards the Manipur State Transport Gate and it had further swelled in numbers. The pelting of stones also increased and slings were being used to throw the stones. Some of the stones thrown were exhibited at the trial. Many more police personnel got injured by the stones and the situation was getting out of control. The District Magistrate again ordered the Police to fire at about 4 -50 p.m., and 3 more volleys were fired and the crowd thereupon dispensed. P. Ws. 1, 2, 6, 8, 9, 14, 22 to 29 and 39 among the police were also injured. On account of the Police firing, appellants 2 to 6 were also injured and they were removed some by the Police and some by the crowd to the hospital.