THOUDAM IBOCHOUBA SINGH Vs. GOVERNMENT OF MANIPUR

JUDGEMENT

(1.) THIS is an appeal, by Thoudam Ibochouba Singh, who has been convicted by the learned Sessions Judge of Manipur under Section 302 of the I.P.C. and has been sentenced to imprisonment for life.

(2.) THE facts necessary for this disposal of this case are that the accused -appellant Th. Ibochoba Singh and the deceased Ibomacha Singh were the residents of village Langthabal Mantirkhong. It is also alleged that they were friends and used to move together. It is said that on 27.4.62 at 3 p.m. the appellant came to the house of Ibomacha Singh and took him for witnessing a performance at Kadompokpi. Thereafter, it is not known as to why the deceased received the injuries and by whom. But according to the prosecution the appellant inflicted certain injuries to the deceased with a blunt weapon and due to those injuries the deceased fell down on the side of the road. In the evening L. Aber Singh while going to his village on a bullock cart found the deceased lying on one side of the road. He put him on his cart and brought him to his house. Thereafter, he sent information to the relation of the deceased and on that information his brother Mangi Singh (P.W. 1) came there. As the deceased had injuries on his person so Kh. Mangi Singh took him to Civil Hospital, Imphal.

(3.) IN this case the first point for consideration is whether the deceased Ibomacha Singh died on 30.4.62 due to injuries caused by blunt weapon. The death of Ibomacha Singh as a result of the injuries caused by a blunt weapon on 27.4.62 is well established and in fact not disputed. The learned Counsel for the appellant too at the very outset frankly conceded that in the face of preponderate, direct and circumstantial evidence he does not contest the factum of the death of Ibomacha Singh at Civil Hospital, Imphal. I too feel that he has rightly conceded in view of the overwhelming direct and circumstantial evidence on the record.