NARENGBAM BRAJABIDHU SINGH Vs. THE UNION TERRITORY OF MANIPUR COMPLT.
HIGH COURT OF GAUHATI
Narengbam Brajabidhu Singh
The Union Territory Of Manipur Complt.
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Rajvi Roop Singh, J.C. -
(1.) THE appellant N. Brajabidhu Singh has been convicted by the learned Sessions Judge of Manipur under Section 302, I.P.C. and sentenced to imprisonment for life. He has appealed to this Court being aggrieve with the judgment of learned Sessions Judge.
(2.) THE facts of this case fall within a narrow ambit and may be succinctly stated as follows:
The appellant N. Brajabidhu Singh and the deceased Kh. Chura Singh were living in separate houses within the same compound in village Thangmaiband Polem Leikai, P.S. Imphal and their relations were strained due to litigation which was going on between them since long about the land. It is alleged by the prosecution that on 21.11.62 al about 8.00 a.m. the deceased Kh. Chura Singh was making cakes of cow dung and the appellant was making fencing of latrine very close to the place where the deceased was sitting. There is no evidence on the record to show, how the quarrel started between them. But it is said that the appellant attacked the deceased with a khukri and caused 4 injuries on his person. When he attacked the deceased P.W. 1 Kh. O. Thanil Devi and P.W. 3 Kh. O. Nanglembi Devi who were in the house seeing this assault raised an alarm and on that the appellant ran away with the khukri. When the appellant left the place of occurrence the witnesses went near the deceased and saw his injuries. Thereafter Kh. O. Thanil Devi (P.W. 1) the wife of the deceased sent for her son and on his arrival she asked him to go and report the matter at the Police Station. Kh. Thamphajao Singh (P.W. 2) son of the deceased went to the Police Station, Imphal and at about 11.50 a.m. lodged the report.
On this report a case under Section 326 I.P.C. was registered against the appellant and Shri Nelson (S.I.) started investigation. He went to the hospital and saw the injuries of the deceased. Thereafter he went to the place of occurrence and prepared the site plan, Shri Kh. Chura Singh (deceased) who was admitted in the hospital for the treatment of the injuries died on 22.11.62 at 3.00 p.m. On his death the Investigating Officer altered the offence from Section 326 to under Section 302 I.P.C. Shri Shyamananda Singh (S.I.) P.W. 12 took the investigation in his hand and prepared the inquest report and thereafter sent the dead body with a constable to Dr. K. Gopal Singh (P.W. 10). Dr. Gopal Singh performed post -mortem examination on the dead body of the deceased on 23.11.62 at 7.30 a.m. He found the following ante -mortem injuries on the dead body:
1. One stitched up wound 7" Ã - 1/2" Ã - 2" on the antro labral surface of the middle area of left arm.
2. One stitched up wound 4 ¾" Ã - 1 ¼ Ã - 1 ¼ " on the upper one third of the labral surface of right arm. The upper end was 2" below the right shoulder joint and lower end was latering.
One incised wound 1 1/2" Ã - ¼ Ã - bone deep on the medial surface of the right leg.
(3.) ONE stitched up longitudinal 5" Ã - 1/2" Ã - 1" on the back. The upper end was 1 below the right ufrascapular region and the lower end was 3" away from second lumber vertebra. All the visera were normal. Except tear of right pleura. The pleura cavity was full of blood. On dissection compound fracture of 9th, 10th and 11th of right ribs was found at the line of right infrascapular. There was also compound fracture of left humorous and right forearm. According to him (Doctor) all the above injuries might have been caused by sharp weapon. After seeing Exbt. M -1 the Doctor stated that these injuries could have been caused by it. According to him the cause of death was as a result of shock and haemorrhage due to above injuries. He also stated that these injuries were in the ordinary circumstances sufficient to cause his death.
3. After receipt of the post -mortem report the Investigating Officer recorded the statements of some more witnesses. He arrested the accused on 5.12.62, and thereafter at his instance recovered the Khukri Ext. M/1 on 6.12.62 The Khukri was stained with blood, therefore, it was sent to Chemical Examiner and Serologist for examination. The Serologist after examination sent the articles back to the Investigating Officer. The Investigating Officer after completion of the investigation submitted the charge sheet against the appellant under Section 302 I.P.C. on 8.6.63 in the Court of Additional District Magistrate, Manipur. The A.D.M., Manipur, after preliminary inquiry committed the appellant to the Court of Sessions Judge to stand his trial under Section 302 I.P.C.
4. Before the Sessions Judge the appellant when examined pleaded a complete denial of his participation in the occurrence. He pleaded that the deceased fraudulently got his land mutated in his name and due to that a litigation is going on between them. Due to this enmity P.W. 2 Kh. Thamphajao Singh, son of the deceased has got him falsely roped in this case. As regards the recovery of the blood stained Khukri he stated that it was not recovered at his instance. He also disowned its ownership. He led no evidence in his defence.;
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