STATE OF MANIPUR Vs. ELANGBAM ACHOU SINGH

JUDGEMENT

(1.) This appeal arises from a judgment and order of acquittal of the Sessions Judge, Manipur made on 31.5.79 in Session Trial Case No.6 (MC/CJM-C) of In acquitting the respondent on the charge under section 302, I.P.C.

(2.) The respondent Achou Singh faced his trial on the charge under section 302, I.P.C. for the murder of Rupabanta Santikumar Singh on 5.3.77 at about 10 a.m. at Lamphel pat opposite to the gate of the BSF.

(3.) It is not disputed that Rupabanta met with homicidal death. The prosecution relies on (1) the evidence of P.W. 1 Chaoba Singh which is alleged to be an eye-witness, (2) the dying declaration of the deceased Rupabanta, and (3) the discovery of a knife under section 27 of the Evidence Act. The trial Court rejected the evidence of P.W. 1 Chaoba Singh and the dying declaration, and acquitted the respondent on charge. Hence, this appeal by the State.