ANGOM KALA SINGH AND ORS. Vs. MANIPUR STATE

JUDGEMENT

(1.) THIS is jail appeal on behalf of (1) Angom Kala Singh (2) Salam Angouyaima Singh and (3) Yaima Kabul who are convicted and sentenced by the Sessions Judge, Manipur Under Section 395, I. P. C. in his Court's Sessions trial No. 2 of 1952 on 5 -9 -52 for 3 years' R. I. and a fine of Rs. 300/ - or in default one year's further R. I.

(2.) THE prosecution story as described by the complainant P. W. 4 Tomalo Singh is that he had a desire to dedicate a silver door to Shri Govindaji's temple in the Palace. On that account he was in search of old rupee coins as they would be less expensive than the silver bars in the market. A few days after he had expressed his this desire to his associates the two accused Kala Singh and Angouyaima Singh with some others went to him and showed 3 old silver coins as specimen and on his query told him that they would be available from "the Head of the Hill" in any amount. The complainant gave them Rs. 450 in advance as earnest money to get 20,000 (twenty thousand) rupee coins. The sample produced remained with the complainant. Tomalo Singh went to the house of Kala Singh, accused a day or two after to confirm if the 'Headman of the Hill' would be able to supply him with the required coins. Yaima Kabui accused No. 7 was found there to tell him that he would be able to supply the required coins. At about 10 A. M. on 31 -8 -31 Angouyaima Singh accused went to the house of Tomalo Singh to inform him that the coins could be supplied that day and asked him to reach Nambol at about dusk. On this the complainant informed Gulap, Mera, Hijam Mani and Akhambi. All of them left Tomalo's house with the money in currency note in Rs. 19550/ - in a car for Nambol. It is alleged by the complainant that he had signed on his way to Nambol in the running car on each of the currency notes bundles of the denominations of Rs. 100, 10, 5, 2 and 1. The party thus reached Nambol at about sunset and found the three accused Angouyaima, Kala and Gourhari Sarma waiting for them. The car was left there. The party of the complainant and the 3 accused mentioned above left the place walking westward. After walking some distance Kala accused told them to wait there as he would go ahead to find if the hill -man had come. For about one hour Kala would not return. The complainant told his companions that he would go back as he was afraid of being in that lonely place at that time with the huge amount, Angouyaima would not let him go saying that if he did, he would forfeit his advance money Rs. 450/ -, In the meanwhile Kala returned and asked the party to move on saying that the Naga who would produce the Old coins was somewhere at a little distance from there. After some distance the accused Naga Yaima was met. Tomalo Singh asked him if he had brought the coins; who rejoined it the complainant had brought his money. The reply was in the affirmative. The Hao Yaima (Yaima accused) said that "There are many "Meitis (i.e., Hindoo vally people) and I am the only Hao (Hill -man), so I am afraid of my money being extorted and I should see your money first. Let me see your first," Tomalo asked Kala, who replied there were so many Manipuris - what the one Naga could do and asked him to show him his money. He showed it saying that there it was. According to the complainant he also counted his money which were correctly found to be Rs. 20,000/ - by adding the advance of Rs. 450/ -. A little before, the complainant had asked his companions H. Mani Singh to remain at a distance. The Naga told the party that he would give his coins after going a little distance. As soon as the complainant got up with his money a gun -shot was heard with shouting of 'Hatlo, Hatlo' (kill, kill). Kala accused snatched the money from the complainant and ran away with the Hao. Fearing the gun, the complainant party did not chase the culprits. The complainant party quietly came back without raising any alarm leaving Gourhari Sarma accused and Akhambi Singh at the spot. The ejahar was lodged by the complainant after about 6 days to the Thana. In the words of the complainant the occurrence took place at 9/10 P. M. on 31 -8 -51 which was just before new moon.

(3.) APART from the complainant the prosecution has produced 3 eye -witnesses in the case. One of them is Hijam Mani Singh P. W. 5 who knows the complainant from his childhood, but his name is not mentioned in the ejahar though given after 6 days deliberation. He appears to be a got -up one. The other is Gulap Singh P. W. 6 a neighbour of the complainant and the third one is Akhambi Singh P. W. 7. The story given by the latter two is almost the same as that of the complainant. Both of them are in the show almost from the beginning in this affair. While P. W. 6 Gulap Singh has stated that "after crossing Kwakeithel Tomalo appeared to have written something on the (Kwakeithel) currency notes", his other companion has stated that "after crossing kwakeithel Tomalo took out pen and paper from his pocket and wrote something." This discrepancy falsifies the story of signing the bundle of currency notes as put by the complainant.