Decided on July 23,1970



PATHAK, J. - (1.) THIS is a Reference under Rule 16 of the Rules for the Administration of Justice and Police in the Sibsagar, Nowgong and Mikir Hills Tracts, 1937.
(2.) THE accused Nanda Kumar Singh has been convicted under Section 304 Part I and sentenced to undergo rigorous imprisonment for 7 (seven) years by the learned Additional Deputy Commissioner, Diphu. The other accused Smt. Kachang Timungpi has been acquitted by the learned Additional Deputy Commissioner.
(3.) THE prosecution case briefly is that Nanda Kumar Singh is the son of Chandra Singh Manipuri (deceased) through his first wife, Mst. Kachang Timungpi is the second wife of Chandra Singh, who married her at Delai in Mikir Hills District, while his first wife was living with the children in Cachar District. A few years before the occurrence which took place on 30 -6 -67 Chandra Singh came away from his home in Cachar District and settled at Delai and married accused Smt. Kachang Timungpi who is a Mikir. The first wife and her children were hard hit by poverty and therefore all of them came to Delai in search of Chandra Singh. Nanda Kumar Singh studied in school for a year or two at Dimapur and the expenses were borne by his father. Then he had to leave school as his father refused to give him any maintenance. Nanda Kumar Singh therefore started cultivation work but his father Chandra Singh suspected him to have illicit connection with his second wife. That gave rise to quarrels between them and Chandra Singh asked Nanda Kumar Singh to go away from his house. On 30.6.1967 at about 5.30 P. M. Chandra Singh was returning with Nanda Kumar Singh and Smt. Kachang Timungpi from the cultivation work. On the way all of a sudden Nanda Kumar Singh hacked his father Chandra Singh with a dao and the latter died on the spot immediately. Nanda Kumar Singh and Smt. Kachang Timungpi then dragged the body away from the path and left for home. While going home Nanda Kumar Singh put the dao under knee deep water in the adjoining river. On the following day the dead body was seen by the villagers and the local V. D. P. Secretary Kamal Kro (P.W.1) lodged the First Information Report Ext. 1 with the Police. The Police registered a case, made investigation and arrested Nanda Kumar Singh and Smt. Kachang Timungpi. Nanda Kumar Singh later on made a confessional statement before the Magistrate giving out the details of the murder. After completion of investigation charge -sheet under Section 302/34 Indian Penal Code was submitted against both Nanda Kumar Singh and Smt. Kachang Timungpi. The learned committing Magistrate framed charges against both the accused under Sections 302/34 Indian Penal Code and committed them to the Court of Session to stand their trial. In the Sessions trial the charges were modified. Accused Nanda Kumar Singh was charged under Section 302 Indian Penal Code and accused Smt. Kachang Timungpi was charged under Section 302/114 Indian Penal Code. Both the accused pleaded not guilty to the charges.;

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