STATE Vs. YUMNAM BABU SINGH AND ORS.

JUDGEMENT

(1.) THIS is an appeal under Section 417, Criminal P. C., read with Section 20, Manipur State Courts Act, 1947, on behalf of the State of Manipur against an order of acquittal passed by Sri N, D. Singh, E. A. C., in G. R. Case No. 395 of 1953 on 27 -5 -1955, The respondents were challaned under Sections 148, 326, 353 and 342, I. P. C., by Bishenpur Police for committing riot with deadly weapons at about 2 -10 p.m. on 20 -6 -1953 in Hidelkom fishery when Head constable Joykumar Singh (P. W. 18) had gone to the spot taking with him Madhob Singh, constable No. 32 and Achou Singh, constable No. 170 after receiving report from Yanglem Koireng Singh of Yumnam Khunou praying for prevention of a breach of the peace as Yumnam Dhananjoy Singh, as leader of his 80 associates, had threatened Y. Koireng Singh and 11 others with death if they intended to carry on paddy cultivation in the aforesaid fishery even though they had been permitted by the Chief Commissioner and the Deputy Commissioner to do so.

(2.) THE respondents denied the charges and they examined 7 witnesses in defence; while the prosecution examined as many as 18 witnesses in this case. The learned Magistrate acquitted the respondents on the ground that the First Information Report lodged in this case was found to be false by the evidence of constable Achou Singh and as there were no proper identification proceedings in the case, there was legally no sufficient evidence against any of the respondents. I have been taken through the evidence on the record at the time of the hearing of arguments by the learned Counsel for the parties and I think, the learned Magistrate was not justified in acquitting the respondents simply because there were two minor discrepancies in the statements of the witnesses when their versions were compared with the First Information Report,

(3.) THE other portion on which reliance has been placed by the learned Magistrate in this connection is that according to the Head Constable Joykumar Singh when he reached the spot about 60 men led by the accused were standing near, Yumnam Khunou village, but in the First Information Report, it was mentioned that 70 -80 villagers of Yumnam Khunou came armed with weapons from different directions.