ATUM LENGMEI AND ANR. Vs. MANIPUR ADMINISTRATION

JUDGEMENT

(1.) THE two appellants in this case were tried by the Additional Sessions Judge (I), Manipur in Sessions Trial No. 9/3 of 1960 for offences under Sections 395/397 and under Section 342 I.P.C. and convicted. A sentence of 7 years' R. I. was imposed on each of them under Sections 395/397 I.P.C. No separate offence was given under Section 342.

(2.) THE appellant Atum Lengmei is aged 19 years and the appellant Rangthieu Lengmei is aged 18 years. The case against them was that On 9.7.59 at about 7 : 30 p. m. they along with 150 Naga Hostiles armed with deadly weapons committed dacoity in the house of Haomaking (P. W. 2) in Makhui Khunou village and took away Rs. 300/ - and that they committed another dacoity in the same village at about the same time in the house of Nganing (P. W. 4) and took away Rs. 18/ -. The further case against them was that they along with other hostiles wrongfully confined P. Ws. 1 to 4 in the School in the said village after tying up their arms with ropes. P. Ws. 1 & 2 made a report on 11.7.59 about the occurrence to one Hem Bahadur Rai, the officer in charge of the Eastern Frontier Rifles. Twaiwaichong Camp. which was at a distance of 10 miles from the village.

(3.) ON 17.8.1959, P. W. 9 applied to the Additional District Magistrate, Manipur, for holding, a Test Identification Parade vide - Ext, A/8. Accordingly, the Magistrates P. W. 6 and P. W. 7 held separate Identification Parades on 17.8.1959 and 19.8.1959 respectively. At the first identification parade held by the Magistrate (P. W. 6), there were 14 suspects including the two appellants and the suspects were mixed up with 41 other prisoners. P. Ws. 2 and 4 were the witnesses who were brought for the purpose of identifying the person involved in the two dacoities which took place is Makhui Khunou. P. W. 4 identified the two appellants as the persons whom he saw when they came to his village. P. W. 2 was unable to identify any of the suspects. It may be mentioned here that the two dacoities were said to have been committed in the houses of P. Ws. 2 and 4 respectively. At the second test identification parade P. W. 1 identified the second appellant and P. W. 3 identified the first appellant.