SOROKHAIBAM YAIMA SINGH Vs. STATE OF MANIPUR

JUDGEMENT

(1.) THE Appellant Yaima Singh along with three other accused were tried on the charge under section 342 and 302 of IPC for wrongful confinement of R.K. Gunisana and for his murder. The trial court acquitted the other accused but convicted the Appellant under section 342 IPC and sentenced him thereunder to undergo R.I. for a period of four months only, He also convicted the Appellant for commission of the offence under section 302 of IPC and sentenced him to undergo R.I. for life and to pay a fine of Rs. 2,000/ - in default of which to undergo imprisonment for a further period of six months, It was further ordered that the fine money, if realised, would be paid to the wife (P.W. 1) of the deceased. The sentence -have however been ordered to run concurrently.

(2.) THE material fact of the prosecution case were that on 8.3.81 Sanatomba the youngest son of the deceased eloped with Bilashini Devi the daughter of the accused -appellant. As a matter of custom prevailing in the Manipuri community, the deceased along with Angom Damu Singh (P.W. 2), O. Rabei Singh (P.W. 3) and S. Laiphon went to the house of Appellant to pass the information about the elopement. But it was alleged that on receiving the information of elopement the Appellant asked the deceased and his associates that his daughter must be produced with a sum of Rs. 3,000/ - as ransom, the deceased agreed to this but while he along with his companions was about to leave the house, the Appellant detained the deceased saving that he would not be allowed to go until his daughter was produced with the sum of Rs. 3,000/ - as ransom. So, the companions of deceased left the house of the Appellant leaving the deceased there and informed the wife (P.W. 1) of the deceased about the confinement of the deceased and also informed her that the Appellant told them that the deceased would be released in case his daughter was produced with a sum of Rs. 3,000/ -.

(3.) BY this time it was dark, so on the following morning at 4 A.M. Sakhi Devi (P.W. 1) along with Y. Munal Singh (P.W. 6) (eldest son of the eldest sister of her husband) vent to Sugnu Police Station on a bi -cycle to pass the information to the O/C. But as the O/C was not available in the P. S. they wailed for him. In the meantime S. Samu Singh and Ratan Singh elder brother of the husband of Sakhi Devi came to the P.S. and informed her that her husband already passed away in the house of the accused -Appellant, At about 10 A.M. ASI Raghumani Singh the Incharge O/C of the P. S. came to the P.S. Smti Sakhi Devi wife of the deceased then lodged the ejahar with him stating that her husband who went to the house of Appellant for giving the information about the elopement of his daughter confined him there and subsequently killed him.