E. MUHON SINGH Vs. MANIPUR STATE

JUDGEMENT

(1.) THE above four appeals have arisen from the decision in sessions trial case No. 2 of 1953 by the Sessions Judge, Manipur, on 18 -12 -53 which resulted in conviction and sentence of the 4 appellants to 3 years' R. I. and a fine of Bs. 100/ - or in default one year's R. I. each, under Section 395, I.P.C.

(2.) IT is alleged by the prosecution that on the night between 24/25 -1 -53, a dacoity was committed in the house of M. Tolchou Singh at Laimanai Basti by a gang of dacoits numbering 8 or 10. The above 4 appellants are alleged to belong to that gang, The occurrence took place at about 2 A.M. Tolchou Singh P. W. 2 was sleeping in his house along with his wife Kamini Devi and a son Nimai Singh aged 15 years. Ningthemjao Singh was also there as a guest for the night. According to Tolchou Singh P. W. 2 the front door of his house was being forcibly broken open when the sound awakened him. Immediately he found some 4 persons rushing towards him. He was at that time going to conceal himself underneath his bedstead having smelled the bad game. One blow with a sword was flung at him which struck against the mosquito -curtain hanging on the bedstead. The dacoits dragged him on the ground, trampled over him, beat him and kicked him. Rs. 6000/ - were demanded or threat to kill was there.

(3.) THE factum of dacoity is not questioned. It is vigorously contested on behalf of the appellants that they were not among the dacoits and that their guilt is not proved beyond any reasonable doubt. The two appellants Jugeswar Singh and Yaima Singh have retracted their confessional statements recorded by the Magistrate to whom they were sent for the purpose, saying that the same were the result of police pressure and beating.