KSH. KENNEDY SINGH Vs. STATE OF MANIPUR

JUDGEMENT

(1.) All the aforesaid appeals, since arising out of the common judgment and order, were heard together and are being disposed of by this Common judgment and order.

(2.) These appeals are directed against the judgment of conviction dated 16.2013 and order of sentence dated 25.6.2013 passed by the learned Sessions Judge, Manipur East in Sessions Trial No.8 of 2012 (arising out of a case registered as FIR Case No.32(3)2012 BPR P.S.) whereby and where under the learned Sessions Judge, while acquitting all the appellants for the offence punishable u/s 3(I)(II) and (XII) of the SC/ST (Prevention of Atrocities) Act, did find the appellant, L.Rojit Singh, guilty of the offences punishable u/s 324/367/392 and 376 of the Penal Code and also u/s 25(I-C) of the Arms Act whereas other appellants namely Chungkham Ibomcha Singh, Salam Bijen Singh and Kshetrimayum Kennedy were found guilty for the offences punishable u/s 367/376/392 read with Sec. 34 of the Penal Code and accordingly convicted them. Further, the court vide its order dated 15.6.2013 sentenced each of the appellants for imprisonment of life and a fine of Rs.5000.00 for the offence punishable u/s 376(2)(g) of Penal Code with a default clause to undergo imprisonment for six months and further to undergo rigorous imprisonment for 10 years and a fine of Rs.5000.00 and in default for 6 month for each of the offences punishable u/s 367and 392 of the IPC. The appellant, L. Rojit Singh, was further sentenced to undergo imprisonment for 3 years and to pay a fine of Rs.1000 with a default clause to undergo imprisonment for 3 months for the offence punishable u/s 324 of the Penal Code and further for imprisonment of 3 years for the offence punishable u/s 25(I-C) of the Arms Act. All the sentences were ordered to run concurrently.

(3.) The case of the prosecution as is emerging out from the evidences of PW-1 Sathailung Kamei, PW.2 Thingbaijam Munal Singh, the victim PW-3 and PW-6 Saikhom Munal Singh, is that on 21.2012 at 7.30 AM PW 1 Sathailung Kamei, a Driver left Leimatak village with the truck owned by Munal (PW-2) of Irom Meijrao loaded with timbers to come to his place. He was being accompanied by his co-driver Bangsina Pamei and his sister in-law, the victim(P.W.3) who was carrying three bags of U-morok over the truck to be delivered to said Munal Singh, PW-2.