VANLALVEN Vs. STATE OF MANIPUR

JUDGEMENT

(1.) This criminal appeal is directed against the judgment and order passed by the Addl Sessions Judge, Manipur West, Imphal in Sessions Trial Case No.4 of 1995 whereby the two accused-appellants Vanlalven and Nengliankhum were convicted for the offence under section 302 read with section 34 IPC and sentenced to imprisonment for life.

(2.) Mr. A. Nilamani Singh, learned Senior Advocate assisted by Mr. A Bimol have raised apreliminary objection regarding legality of the trial and it is submitted that before hearing the appeal on merit, the preliminary point raised by them may be considered and necessary order may be passed. We have heard the learned Senior Advocate and the learned PP.

(3.) It is submitted that in the present trial, the learned trial Court did not held the trial in accordance with law in the sense that the provisions of section 232 and 233 CrPC were not complied with and the accused persons were not given an opportunity to enter into defence. Section 232 and 233 CrPC reads as follows: