WAHENGBAM NIMAI SINGH Vs. MANIPUR ADMINISTRATION

JUDGEMENT

(1.) CRIMINAL Appeal No. 5 of 1966 is an appeal filed by one Wahengban Nimai Singh of Chinga Makha Yanglem Leikai against his conviction under Section 304, Part II, Penal Code in Sessions Trial No. 6/7 of 1965 on the file of the Additional Sessions Judge, Munipur and sentence that he should undergo R.I. for 5 years. Criminal Appeal No. 10 of 1966 is an appeal filed by the Government; of Manipur against the judgment of acquittal of the remaining five accused is the same Sessions Case. Criminal Appeal No. 11 of 1966 is an appeal filed by the Government of Manipur under Section 417, Criminal P.C. to enhance the punishment of the accused Wahengbam Nimai Singh by convicting him under Section 302 read with Section 34, Penal Code or under Section 304, Part I, Penal Code.

(2.) SIX persons, by name, Khumbongmayum Babusaheb Singh, Laipokpam Naran Singh, Sougrakpam Biramangol Singh, Wangkhem Ibohal, Singh, Yanglem Biramangol Singh and Wahengbam Nimai Singh (herein after referred to by their number as A 1 to A 6 were committed to sessions to stand their trial for an offence punishable under Section 302 read with Section 34, Penal Code for having beaten one Khetrimayum Manimukta Singh of Singjamei Kshetri Leikai at about 11 P.M. on 26.10.1964 in Singjamei Makha, Mayengbam Leikai, who succumbed to the injuries in the Civil Hospital in Imphal at about 2 A.M. on 29.10.1964.

(3.) P .W. 1 (Muhori Singh) lodged a written report Ex. A/1 drafted by P.W. 14 (R.K. Dorendra Singh) Advocate, in Imphal Police Station at about 10.00 a.m. on 27.10.1964. P.W. 16 (N. Kujeswari Singh) registered the report as F.I.R. case No. 1274(10) 64 under Sections 148/ 149/ 326, Penal Code. P.W. 17 (Sub -Inspector of Police) took up the investigation on the same date of 27.10.1964. On 23.10.1964, he arrested all the accused persons and go5 them remanded. As he found injuries on the bodies of A. 1 (Babusaheb Singh) and A. 2 (Naran Singh), he got them examined by D.W. 1 (Dr. Y. Gunamani Singh) in the Civil Hospital, Imphal. He issued Exts. B/1 and B/2 and certifies Sea. The injured Khetrimayum Manimukta Singh succumbed to the injuries on 29.10.1964 at about 2 A.M. On 29.10.1964 P.W. 17 (Sub -Inspector of Police) held inquest over the dead body of Manimukta Singh as per Ext. A/2, P.W. 8 (Dr. Gulapchand Singh conducted postmortem examination of the dead body and issued Est. A/3 postmortem certificate. P.W. 17 (Sub -Inspector of Police) continued the investigation.