NANGKHUJAM MUNGSONG Vs. THOKCHOM ONGBI GAMBHINI DEVI

JUDGEMENT

(1.) The appellants are Police Officers. At the relevant time the 1st appellant, namely, Shri Nangkhujam Mungsong, was the Officer in charge of the Lamlai Police Station and the 2nd appellant, Shri Takheliambam Ibobi Singh was the armed Police Constable. In the year 1983 a case of Kidnapping a minor girl was registered against the deceased namely, Thokchom Tomba Singh, being Lamlai PS Case No. 24(6)83 under Section 366/34 of the 1PC. On 13-6-1983 the Officer-in-charge of the Lamlai PS accompanied by 4 (four) police constables went to apprehend the accused/deceased, Th. Tomba Singh, in his village in connection with kidnapping case. However, seeing the police personnel, the deceased attempted to flee away from the scene. With a view to apprehend the accused the Police Constables chased the boy and all of a sudden fired few gun shots. Unfortunately, one bullet hit the accused and he was injured. Thereafter, the accused was taken to the hospital where he succumbed to the injuries.

(2.) Since the accused died in a police action the SDPO of the area suo motu registered a criminal case against the Officer-in- charge of the Lamlai P. S. and Constable, Chandramani Singh under Section 304-A 1PC. The said case was registered s Lamlai PS Case No. 25 (6) 83, after investigation charge sheet was laid against the Officer-in-charge and the said Police Constable. However, the Officer-in-Charge i.e. appellant No. 1 was discharged, whereas the police constable was acquitted after trial.

(3.) In the meanwhile, the mother of the deceased, Smt. Thokchom Ongbi Gambhini Devi filed a civil suit in the Court of the Subordinate Judge, which was registered as Original (Money) Suit No. 3 of 1985. Subsequently, the said suit was transferred to the Court of the Additional District Judge (Fast Track Court), Manipur East, whereupon the case was renumbered as 31 /02. In the said Money Suit the State of Manipur as well as all the 5 (five) Police Officers were made defendants. The plaintiff prayed for a compensation of Rs. 5 lakhs. The learned Additional District Judge has awarded the said amount, albeit, the decree is only against the defendant Nos. 2, 3, 4, 5 and 6 jointly and severally. The State was not made vicariously liable to indemnify the Police Officers. Being aggrieved with this judgment and decree, only two defendants, i.e. defendant Nos. 2 and 6 have preferred this appeal. The other defendants did not challenge the impugned judgment. However, the remaining defendants, including the State have been made proforma respondents in the present appeal.