HAOBIJAM CHAOYAINA SINGH Vs. HEISNAM MANGI SINGH

JUDGEMENT

(1.) THIS is an application in revision on behalf of Haobijam Chaoyalma Singh, convict against the order of the learned Sessions Judge, Manipur, dated 29 -7 -1955 passed in Criminal Appeal No. 66 of 1955 by which conviction of the petitioner dated 19 -7 -1955 and sentence of 2 months' R. I. imposed on him under Section 403, I. P. C. in Criminal Case No. 687 of 1954 of the Court of Senior Extra Assistant Commissioner, were upheld.

(2.) IT appears that the opposite parties Nos. 1 and 2 made a complaint on 29 -12 -1954 against (1) Hairemban Koireng Singh (2) Oinam Dhwajh Singh and (3) Haobijan Chaoyaima Singh, the present petitioner under Section 419, I. P. C., for alleged misappropriation of pecuniary help given by the Government for distribution to the workers of Thanga people who had helped the construction of the road from Sendra to Noirang.

(3.) THE petitioner did not file any paper from the C. C. Criminal case instituted on 8th July, 1954 of 1954 -55 in the Court of the learned Magistrate, and so it could not be known whether the present prosecution was based on the same facts which have been alleged in the earlier case or not.