MANIPUR STATE Vs. LAISRAM BOKUL SINGH

JUDGEMENT

(1.) THIS is an appeal on behalf of the Manipur State under Section 417, Or. P. C., 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.

(3.) IT has been contended by the learned Government Advocate that the learned Sessions Judge has not approached this case from a correct standpoint and there was absolutely no ground for disbelieving the evidence of Laisram Kirti Singh, Maimom Mani Singh, Thangjam Jatra Singh and Yumnam Gour Singh in so far as their statements go to establish that a sum of Rs. 7,500/ - was raised in the village for payment of the third kist and this money was taken to the Imphal Treasury for being deposited there during the Rathajatra festival. The mere fact that there was a minor discrepancy regarding the exact date on which the money was to be deposited, will not be of any material consequence.