IRENGBAM LABEI SINGH Vs. STATE OF MANIPUR

JUDGEMENT

(1.) EVERY homicidal action was termed as felonious, unless it was justified or, within the limits described as excusable. A physical attack upon a harmless man causing him to suffer a fatal effect, is termed as heinous and brutal action unexcusable in law without any legal, valid, and exceptionally reasonable cause. If life is taken by an action of atrocious and brutal act, if proved, there is no escape than to suffer the consequence of legal verdict.

(2.) WE are dealing with such a case where the prosecution alleges that the 11 accused persons formed an unlawful assembly and attacked Khumanthem Maimu Singh in a helpless condition by trespassing into his house forcibly, by breaking open the door in a broad day light on 20 -5 -1974. The prosecution alleges that the brutal death of the above -named Maimu Singh was caused by the accused -appellants and their associates, This is the reason why the accused -appellants were hauled up before the learned Additional Sessions Judge, Manipur to face their trial under the various provisions of the I.P.C. in Sessions Trial No. 71/74/11 of 1974. On completion of the trial, the accused appellants were convicted as under:

(3.) THE learned trial Court convicted all the remaining accused -appellants under Section 326 read with Section 149, under Section 448 read with Section 149, I.P.C. and also under Section 148, I.P.C. and awarded the sentence in terms of accused -appellants Nos. 2 and 4 so far it related to the above offences. All the sentences were to run concurrently.