MALSAWN LUSHAI AND ANR. Vs. MANIPUR ADMINISTRATION

JUDGEMENT

(1.) THE appeal in this case is directed against the judgment of learned Sessions Judge of Manipur dated 24.1.1964 convicting the appellants Malsawn Lushai and Chhawanhuia Lushai of offences Under Section 302/32 349 I.P.C. and Section 14 of Foreigners Act respectively. They have been sentenced to imprisonment for life Under Section 302/34 I.P.C. 7 years R.I. Under Section 394 and 2 years R.I. Under Section 14 of Foreigners Act. The learned Sessions Judge has directed the sentence to run concurrently. The State of Manipur has filed a Revision petition for enhancement of life imprisonment to sentence of death. This revision petition was entered as Criminal Revision Case No. 5 of 1964 and a notice was issued to the appellants to show cause why their sentence should not be enhanced so as to make it in accordance with the Law. The appeal and revision will in these Circumstances be disposed of together by this judgment.

(2.) THE facts of this case fall within a narrow ambit and may be succinctly stated as follows:

(3.) BOTH the appellants pleaded a complete denial of all the allegations of the prosecution. As regards the recovery of the sum of Rs. 3,710 at their instance they stated that the amount belonged to them as they brought it from Burma for purchasing land at Churachandpur with an intention to settle there. As regards the recovery of the gun Ext. M/2 appellant Chhawanhuia stated that neither it belonged to him nor it was recovered at his instance. They lead no evidence in their defence.