MOIRANGTHEM CHAOBA SINGH Vs. STATE OF MANIPUR

JUDGEMENT

(1.) THE appellant Moirangthem Chaoba Singh, aged about 19 years and Moirangthem Gojendra Singh, aged about 17 years have been convicted, the former under Section 326/34 I.P.C. and sentenced to 1 -1/2 years' R.I and the latter under Section 326 I.P.C. and sentenced to 2 years' R.I.

(2.) THE evident facts are that Ningthoujam Budhi Singh (P.W. 2) lodged information with the O/C. Moirang Police Station on 2.9.1973 stating that his brother Ningthoujam Lakpa Singh was lying unconscious and likely to die as the two appellants attempted to murder him with a dagger (Louri Thangchou) that morning at 7 -00 a.m., being so informed by Khoiron Amusana Singh (P.W. 5). Moirang Police Station registered the case in F.I.R. 113(8) 73 under Section 307/34 I.P.C. and P.W. 7 Maibam Biramangol Singh took up investigation, reached the place of occurrence at 10 -40 a.m. Prior to this, A.S.I. Babudhon Singh, who registered the case had already submitted injury form to the Medical Officer, in -charge of Moirang Primary Health Centre, where the injured Lakpa Singh had been admitted for treatment. Biremangol Singh, arriving at the place of occurrence found blood stain, one spade near the blood stain and a paddy field to the north east of the blood stain at a distance of about 40 feet. He collected some blood stained earth and grass; examined some persons, but could not arrest the accused appellants as they absented from their home. But he arrested them later when they surrendered on 4.10.1973. The injured Lakpa Singh being unable to speak could be examined only on 24.9.1973. The charge sheet was submitted on 23.10.1973.

(3.) AT the Session, both were charged under Section 307/34 I.P.C. and the appellant Gojendra Singh was separately charged under Section 307 I.P.C., to which both pleaded not guilty. At the trial, prosecution examined 9, while the defence examined two witnesses.