LAWS(GAU)-2009-9-22

THOKCHOM ONGBI MEMI DEVI Vs. STATE OF MANIPUR

Decided On September 11, 2009
Thokchom Ongbi Memi Devi Appellant
V/S
STATE OF MANIPUR Respondents

JUDGEMENT

(1.) HEARD Mr. Kh. Mani Singh, learned counsel appearing for the petitioner and Mr. Th. Ibohal Singh, learned Sr. Govt. Advocate appearing on behalf of Respondent Nos. 1, 3 and 4. Also heard Mr. N. Kumarjit Singh, learned counsel appearing for respondent No. 2.

(2.) THE matter relates to an incident which took place on 23. 7. 2009 in the midst of B. T. Road, Khwairamband Bazar, the biggest and busiest market in Manipur, where the daughter-in-law of the petitioner, Smti. Rabina Devi died due to bullet injury, instantaneously, and one Ch. Sanjit Meitei was said to have been killed on the same day and in the same area in an alleged encounter with the Police Commandos attached to the City Police Station, Imphal West District. It is also alleged that some other persons were also injured in the incident.

(3.) THERE is no dispute that Smti. Rabina Devi, the mother of a minor child of 2 years old, who was pregnant for 7 months, died on 23. 3. 2009 at about 10. 30 a. m. as a result of bullet injury. It is on record that a bullet entered into the forehead of the deceased and exited through the back head and death occured instantaneously. It is also stated that the little child (son) who accompanied his mother at the place of occurrence, was found screaming after the bullet hit his mother and he was picked up by another woman to a safer place. It is further stated that the incident occurred at Khwairamband Bazar while the deceased Rabina Devi was on her way for medical checkup in connection with her pregnancy. After the incident, the husband of the petitioner lodged an Ejahar on 24. 7. 2009 to the Officer-in-Charge , City Police Station, Imphal, who has the jurisdiction over the place of occurrence. The English translation of the Ejahar dated 24. 7. 2009 is reproduced hereinbelow: