Decided on March 31,1966

Wahengbam Nimai Singh Appellant
Manipur Administration, Respondents


- (1.) C . Jagannadhacharyulu, Criminal Appeal No. 5 of 1966 is an appeal filed by one Wahengban Nimai Singh of Chinga Makha Yanglem Leikai against his conviction under Section 304, Part II, Penal Code in Sessions Trial No. 6/7 of 1965 on the file of the Additional Sessions Judge, Manipur and sentence that he should undergo R. I. for 5 years. Criminal Apeal No. 10 of 1966 is an appeal filed by the Government of Manipur against the judgment of acquittal of the remaining five accused in the same Sessions Case. Criminal Appeal No. 11 of 1966 is an appeal filed by the Government of Manipur under Section 417, Criminal Procedure Code to enhance the punishment of the accused Wahengbam Nimai Singh by convicting him under Section 302 read with Section 34, Penal Code or under Section 304, Part I, Penal Code.
(2.) SIX persons, by name, Khumbongmayum Babusaheb Singh, Laipokpam Naran Singh, Sougrakpam Biramangol Singh, Wangkhem Ibohal, Singh, Yanglem Biramangol Singh and Wahengbam Nimai Singh (herein after referred to by their number as A. 1. to A. 6) were committed to sessions to stand their trial for an offence punishable under Section 302 read with Section 34, Penal Code for having beaten one Khetrimayum Manimukta Singh of Singjamei Kshetri Leikai at about 11 P. M. on 26.10.1964, in Singjamei Makha, Mayengbam Leikai, who succumbed to the injuries in the Civil Hospital in Imphal at about 2 A. M. on 29.10.1964.
(3.) THE case of the prosecution, briefly stated, according to the charge sheet and as brought out in evidence, is that in the night of 26.10.1964, Ras Lila was being performed in the Mandop of S. Nandakishore Sharma of Singjamei Makha, Mayengbam Leikai. But on account of previous enmity, the six accused, armed with deadly weapons, such as "daos", small axes and sticks, assaulted Khetrimayum Manimukta Singh of Singjamei Kshetri Leikai at about 11.00 P. M., when he was witnessing the Ras Lila performance, P. Ws. 2 to 6 (Bheigya Singh, Kh. Shyamkishore Singh, N. Ibobi Singh, Bihari Singh and Ramananda Singh) witnessed the occurrence. When P. Ws. 5 and 6 (Bihari Singh and Ramananda Singh) interfered, they too were beaten. P. W. 2 (Bheigya Singh) ran to P. W. 1 (Muhori Singh), the eldest brother of the deceased and informed him about the occurrence. Followed by P. W. 7 (Kh. Raghu Singh) one of the brothers of the deceased, P. Ws. 1 (Muhori Singh) and 2 (Bheigya Singh) proceeded to the scene of offence. But, P. W. 7 (Raghu Singh) went in advance and there was a scuffle between him and the accused, in which he, A/1 (Babusaheb Singh) and A/2 (Naran Singh) received injuries. On the way, P. Ws. 1 (Muhori Singh) and 2 (Bheigya Singh) found the injured Manimukta Singh lying in a ditch, which was about a furlong away from the scene of occurrence. He made a dying declaration before them that he was beaten by A/6 (Nimai Singh) on his head with a hookey stick. They picked him up from the ditch and took him to the pharmacy of P. W. 13 (A. Birahari Singh) in Singjamei in the same night. P. Ws. 1 (Muhori Singh and 2 (Bheigya Singh) took the injured in a jeep to the civil hospital in Imphal, after picking up P. Ws. 5 and 6 (Bihari Singh and Ramananda Singh) on the way. P. W. 15 (Dr. L. Ibetombi Davi) examined the 3 injured persons, treated them and admitted them in the hospital. Exts A/9 to A/11 are the wound certificates issued by her. P. W. 1 (Muhori Singh) lodged a written report Ex. A/1 drafted by P.W. 14 (R.K. Dorendra Singh) Advocate, in Imphal Police Station at about 10 -00 a. m. on 27.10.1964. P. W. 16 (N. Kujeswar Singh) registered the report as F. I. R. Case No. 1274(10) 64 under Sections 148/149/326, Penal Code. P. W. 17 (Sub -Inspector of Police) took up the investigation on the same date of 27.10.1964. On 28.10.1964, he arrested all the accused persons and got them remanded. As he found injuries on the bodies of A. 1 (Babusaheb Singh) and A. 2 (Naran Singh), he got them examined by D. W. 1 (Dr. Y. Gunamani Singh) in the Civil Hospital, Imphal. He issued Exts. B/1 and B/2 wound certificates. The injured Khetrimayum Manimukta Singh succumbed to the injuries on 29.10.1964 at about 2 A. M. On 29.10.1964 P. W. 17 (Sub -Inspeotor of Police) held inquest over the dead body of Manimukta Singh as per Ext. A/2, P. W. 8 (Dr. Gulapchand Singh conducted postmortem examination of the dead body and issued Ext. A/3 post -mortem certificate. P. W. 17 (Sub. Inspector of Police) continued the investigation.;

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