WAHENGBAM KOKNGANG SINGH Vs. THE MANIPUR ADMINISTRATION

JUDGEMENT

(1.) THIS is an appeal filed by the accused in Sessions Trial Case 28 of 1964 on the file of the Sessions Judge, Manipur, against his judgment of conviction dated 25.1.1965, under Part II Section 304 I.P.C. and sentence that he should undergo rigorous imprisonment for 4 years.

(2.) THE case of the prosecution is that at about 6.30 or 7 A.M. on 20.3.1964 the deceased Kh. Kulabidhu Singh went along with P.W. 2 (N. Gulab Singh) to the house of the appellant (Wahengbam Kokngang Singh) which was at a distance of about 300 yards from the house of the deceased to purchase split bamboos. The appellant was not present. The deceased and P.W. 2 (N. Gulab Singh) were talking with the son of the appellant. In the meanwhile, the appellant returned home. The deceased wanted the appellant to sort out 40 watchets. When tested by the deceased, some of them broke down and in that connection an altercation took place between the deceased and the appellant, in the course of which the deceased called the appellant 'lawaimacha' (rustic) in Manipuri language.

(3.) P .W. 13 arrested the appellant at about 9 a.m. and seized Ext. M/1 (Wakok) under Ext. A/1 from under the granary of the appellant on his information. P.W. 14 (Ibohal Singh, S.I.) took over the investigation. He prepared Ext. A/6 plan of the scene of offence. He tried to get the dying, declaration of the deceased recorded by a Magistrate. But, the injured was unconscious. The injured died in the hospital at about 11.50 P.M. in the night of 20.3.1964. P.W. 14 (S.I.) held inquest over the dead body as per Ext. A/3 and sent the dead body for postmortem examination.