THE STATE Vs. TOMEIREN MARINGNI

JUDGEMENT

(1.) BY judgment dated 21st of January 1969 the Sessions Judge. Manipur, convicted Tomeiren Maringni wife of Modun Maring (P. W. 1) under Section 302 I. P. C. for the murder of her mother -in -law Tongdar Maringni on the morning of 24 -11 -1967 in the village Koijam Khunou, and sentenced her to death. He has made a reference to this Court under Section 374 Cr. P. C. for confirmation of death sentence. The convict has also come up in appeal challenging the correctness of her conviction and sentence. This judgment will dispose of both the matters.

(2.) THE case of prosecution rests on confessions, judicial as well extra -judicial, made by the accused and on circumstantial evidence. There was no eyewitness of the occurrence.

(3.) SHRI B. Sen Sarma (P.W. 9), the Officer -in -charge of the Police station, Thoubal, left for the house of Modun where he prepared the inquest report and the injury statement respecting the deceased Tongdar. Modun Maring produced the sickle M.O. 1 before the Investigating Officer and the latter made the same into a sealed parcel though he saw no stain of blood on the weapon. It is part of the prosecution story that the weapon had been washed clean of blood by the time it was made over to the Investigating Officer. From the house of Modun, the Investigating Officer went to the place of occurrence. That place was also found to have been washed with water. Thereafter, the Investigating Officer returned to the Police station, having brought the dead body with him. On the next morning, the dead body was sent to Imphal for post -mortem examination. Before returning to the Police station, the Investigating Officer happened to arrest the accused from the house of her husband Modun.