MANIPUR STATE Vs. LAISRAM BOKUL SINGH,

JUDGEMENT

(1.) THIS is an appeal on behalf of the Manipur State under Section 417, Criminal Procedure Code, read with Section 20, Manipur State Courts Act, 1947, against the order of acquittal of the respondent passed by the Sessions Judge, Manipur, in criminal appeal No. 20 of 1954 on 31.3.1954. The respondent was originally convicted by the senior Extra Assistant Commissioner in criminal case No. 675 of 1954 on 8.3.1954 under Section 417 and was sentenced to one year's rigorous imprisonment and a fine of Rs. 400/ - and in default of payment of fine a further term of 4 months' rigorous imprisonment.

(2.) THE facts of the case as alleged by the prosecution are that Waithou Phumnam Fishery was purchased by the Waithou Phumnam Mapan Fishery Co -operative Society Limited during the year 1953 for Rs. 40,000/ - and odd and the Patsal (proceeds money) was to be paid in 3 instalments. The first two instalments appeared to have been paid earlier and a sum of Rs. 7,500/ - was raised in the village for payment of the third Kist (instalment) and the money was taken to the Imphal Treasury for being deposited there during the Rathajatra festival, but as Laisram Kirti Singh, cashier P. W. 2, Maimom Mani Singh, Secretary P. W. 3, Thangjam Jatra Singh, Chairman P. W. 4 and Yumnam Gour Singh P. W. 7 reached the Treasury late the money could not be deposited and as it was a holiday on the next day the amount was converted from G. C. notes of lower denominations to seventy five 100 rupee notes and one of these notes was torn cross -wise in the middle and a piece of white paper was affixed on its back to join the torn parts, vide Ex. P -7 and the statements of Kistur Chand Seraogi P. W. 10 and Wahengbam Bishambhar Singh, Poddar, Imphal Treasury P. W. 11. As the money could not be deposited in the Treasury it was kept with the cashier Laisram Kirti Singh P. W. 2, vide statement of Mutum Yaima Singh P. W. 9. The present respondent Laisram Bokul Singh and Moirangthem Angou Singh P. W. 8 went to the house of the cashier 4 days before the Punarjatra which took place on 21.7.1953 and the cashier was told that a stranger (Mayang) could double the G. C. notes and so the sum of Rs. 7,500/ - relating to the third Kist (instalment) might be doubled and the amount thus obtained be distributed among the cashier, present respondent, the Mayang and others. At first Laisram Kirti Singh P. W. 2 did not believe the above version, but on the next day Bokul Singh respondent went again to him along with the outsider (Mayang) and one Kumaro Singh and the cashier produced a 10 rupee note and the Mayang attached it to a blank paper of equal size and then it was wrapped with cotton Ex. P -3 and was kept between 2 mirrors Exs. P -1 and P -2 tied with thread Ex. P -4 and after that it was wrapped with a piece of cloth Ex. P -9. The bundle was then kept inside an almirah to be opened on the next day. On the next day the Mayang, the respondent and others went to the cashier's house at 8 A. M. The almirah was opened and the outsider unwrapped the mirrors when two 10 -rupee notes were found. The cashier retained his own note and gave the other to the outsider. The present respondent then asked the cashier P. W. 2 to utilise the opportunity by getting the sum of Rs. 7,500/ - doubled. In the afternoon the cashier produced the G. C. notes of Rs. 7,500 and he and the outsider were closeted in a room and the doors and windows of the room were closed while the respondent waited outside in the verandah. The notes produced by the cashier were kept on a bed and a chair was put near the bed as desired by the outsider who sat on the chair. The cashier produced a plate as desired by the outsider and this plate was placed on the bed. Some liquid was poured on that plate and the outsider then produced a bundle of foolscap papers, cut into pieces as big as 100 -rupee note and the outsider then put a paper and applied some liquid from the plate and then put a 100 -rupee note on that paper. Similarly all the other 100 -rupee notes were put between the 2 blank papers. Then the outsider wrapped all the currency notes in a sheet of white paper and the note Ex. P -7 which was torn crosswise in the middle was also wrapped up along with the others. Cotton Ex. P -3 was put on all sides of the bundle of the currency notes. Thereafter the bundle was again wrapped up in a paper. Then the two mirrors were placed on the opposite side of the bundle and a paper was wrapped again over these mirrors Exs. P -1 and P -2 and a piece of cloth Ex. P -9 was wrapped around the bundle and then the bundle was tied with thread Ex. P -4. A substance like wax was melted by means of a match fire and was allowed to fall on the G. C. note Ex. P -4a. The stranger then made a sign to the cashier to keep the bundle inside the almirah which the cashier did and he locked the almirah, then the cashier and the outsider came out and the present respondent was found sitting in the verandah. The respondent and Kumaro Singh promised to return next day and the respondent assured the cashier not to worry. On the next day, however, they did not turn up, and Maimom Mani Singh, Secretary P. W. 3, went to the cashier and asked him to go and pay the Patsal. The cashier narrated the whole story to the Secretary and he opened the almirah and then the bundle was opened and no currency note was found in it and only blank paper Ex. P -5 was found. The cashier then ran to the Chairman Thang jam Jatra Singh P. W. 4 and one full day was taken in going to Imphal and later on the next day a typed report dated 23.7.1953 was handed over to the Superintendent of Police, Manipur, and on its basis the first information report was prepared by Ch. Mani Singh, O/C Thaubal P. S., P. W. 12. The O/C inspected the locality and he recovered Exs. P -1 to P -5, vide recovery list Ex. P/D. Bokul Singh respondent was then arrested and he pointed out the place from which a Kouta Ex. P -8 was recovered and seventy -one 100 -rupee notes and some pieces of papers Ex. P -11 were re covered from that Kouta (tin case), vide recovery list Ex. P/F; vide also the statements of Mutum Mera Singh P. W. 6 and Laisram Ram Singh P. W. 5. As some of the accused were found absconding proceedings under Sections 87 and 88 Criminal Procedure Code, had to be started, vide proclamation Ex. P/C and the orders of attachment Exs. P/B and P/E and the warrant issued against Kumaro Singh Ex. P/A which has been duly proved by the Head Constable Bacha Singh P. W. 1. The O/C after completing the investigation challaned theinvestigatirespondent and Lairengbam Kumaro Singh and one unknown person (Gunendra) shown on the right side in the photograph, vide Ex. P -6, under Section 420, I. P. C., on 5.8.1953.

(3.) THE respondent contended that he had en mity with the cashier and his party and he had been implicated in this case on account of enmity. According to the respondent he never mentioned to the cashier that the G. C. notes could be doubled and the money which was recovered from his house really belonged to him and it had been borrowed by him through the deed dated 13.7.1953, vide Ex. D/A, from Oinam Iboton Singh D. W. 2. Regarding the cut note Ex. P -7 the respondent has stated that it was given to him by the cashier on 19th or 20th July 1953, because the cashier had to pay him Rs. 22/ - on account of the respondent's feeding a stranger physician at the request of the cashier for a number of days. According to the respondent this stranger was put up by the cashier at his house on the ground that the said physician was an untouchable and so the cashier paid Rs. 22/ - to the respondent as feeding charges of the physician and the respondent returned Rs. 78/ - to the cashier vide the statement of Mutum Jugol Singh D. W. 1. Koijam Madhumongol Singh D. W. 3 is the scribe of the deed Ex. D/A while Laisram Kundale Singh D. W. 4, father of the respondent and Potsangbam Yaima Singh D. W. 5 have been examined to show that the respondent really borrowed Rs. 7,500/ - from Oinam Iboton Singh D. W. 2 through Ex. D/A in their presence.