MUTUM SEITYABAN SINGH Vs. STATE OF MANIPUR

JUDGEMENT

(1.) Heard Mr. Kh. Binoykumar, learned counsel appearing on behalf of the appellant, as well as Mr. Jalal, learned Addl. P. P. appearing on behalf of the respondent fully.

(2.) This appeal is directed against the judgment and orders dated 23.8.2002 and 29.8.2002 passed by the Addl. Sessions Judge (FTC) Manipur East, Imphal in Sessions Trial Case No. 89/91/5/91/15/93/2/94/ 5/20)02. The learned Addl. Sessions Judge (F.T.C.) Manipur East, Imphal vide the impugned judgment and order, convicted the present appellant for the commission of the offence u/s 302 IPC for causing death of one Moirangthem Lukhoisana Singh by stabbing with a knife on 22.8.86 at 9 P.M. and sentenced him to imprisonment for life with a fine of Rs. 2000/-

(3.) On perusal of the record of the trial court, in the light of the submission of both sides, we find that there are infirmities in the proceedings of the case before the learned Addl. Sessions Judge (F.T.C.) Manipur East, Imphal. One of the infirmities is omission on the part of the trial court to obtain evidence for ascertaining if the alleged previous statement of one of PWs, namely, Mutum Ongbi Mema Devi (PW 6), who was declared as a hostile witness with the permission of the Court, was proved or not. The other one is failure on the part of the trial court to question the accused/appellant on the circumstances appearing against him in evidence so as to enable him to explain the same in compliance with mandatory provisions of Section 311.(1)(b) of the Cr.PC.