UNION TERRITORY Vs. MOIRANGTHEM KHOMEI SINGH

JUDGEMENT

(1.) THIS is a State appeal Under Section 417 Criminal P.C. against the judgment dated 6th November 1969 by which Shri P. N. Roy, Additional Sessions Judge. Manipur, acquitted the five respondents of the charge Under Section 395 read with Section 397 IPC

(2.) THE prosecution story, succinctly put, is that late on the evening of 9 -11 -1967 when Pu.ia was being performed in the official quarter olDoctor S. 'P. Sarkar, Medical Officer in charge of Primary Health Centre, Sagolmang, in connection with the birth of a son to him, as many as 15 or 16 persons, clad in? olive green uniforms and carrying weapons including sten guns and daos, entered the quarter from its back side. Some of them stepped into the bed room of Doctor Sarkar where the latter was taking rest. The culprits asked Doctor Sarkar to be up on his feet and raise his hands, and he complied. The culprits then tied his hands, marched him outside the quarter, trained their sten guns at him, and demanded money and other valuables from him. Faced with that eerie situation, Doctor Sarkar told the culprits to take all that lay in his quarter. The culprits however insisted on Doctor Sarkar paying them Rs. 1,000/ - beyond what they could lay their hands on. However, the Doctor exhibited his inability to pay Rs. 1000/ - for he did not have that much cash with him. His inability to pay was perhaps taken for his unwillingness and so the culprits began to administer him cane beating. The culprits then ransacked the house and marched away with rich booty. It is part of the prosecution story that five petromax were burning in the house at the time of the occurrence and that their light was sufficient to permit identification of the culprits, who, it is said, remained in the quarter for about half an hour.

(3.) AN identification parade was held on 27 -11 -1967 by Shri Upendra Singh, Magistrate First Class, Imphal. in respect of the accused Khomei Singh, Thawan Singh and Birahari Singh. Doctor Sarkar correctly picked up those three accused while P.W. 5 Mangkham Kom could identify Khomei Singh alone. The three accused, it may be stated, had been paraded with another 24 persons. The other two accused, Bira Sarma and Ibomacha Singh, had earlier been specifically mentioned as the culprits by certain witnesses examined by the Police during the investigation.