LONIMOHON DAS Vs. UNION TERRITORY OF MANIPUR,

JUDGEMENT

(1.) APPELLANT Lonimohon Das was convicted by the Additional Sessions Judge, Manipur, under Section 302, of the Indian Penal Code and sentenced to imprisonment for life.

(2.) THE facts are very brief. The deceased and the accused are own brothers who were living together in the same house with separate messes. On the date of occurrence, viz., 8.10.1967, at about 3.00 p.m., P.W. 4. while going to a village heard some shouts that the appellant had become mad and so he went to the house of the appellant and found the appellant with an axe in his hand. The appellant then at the sight of P.W. 4, raised the axe to attack him whereupon P. W, 4 made good his escape out of fear and called P.W. 5, Dineshchandra. Das, P.W. 7, Labeinachandra Das, and others is the place of occurrence. At the sight of these persons, the appellant threw away the axe and ran away towards the nearby jungle. In spite of the request made by P.W. 5, Redder brother of the appellant, the appellant did not stop but continued running towards the jungle. Soon after the arrival of the above -mentioned persons, the injured Digeschandra Das succumbed to his injury. Thereafter, P.W. 7 left the place of occurrence to Borobekra Police Outpost where he lodged the First Information Report, Ext. P/7. On the basis of the said report, the Officer -in -charge of the Jiribam Police Station, drew up a formal First Information Report and registered a case and after investigation submitted charge -sheet against the appellant. On the date of occurrence itself, the appellant was arrested at about 8 -15 p.m. in the jungle. The learned committing Magistrate committed the appellant to the Court of Session for trial under Section 302 of the Indian Penal Code, who after trial convicted Mid sentenced the accused -appellant as stated above.

(3.) THERE is no eye -witness to the occurrence. The prosecution, for the conviction of the appellant, relies on an alleged confessional statement proved as Ext. P/5 in the case, and some circumstantial evidence.