Decided on January 04,1966

Thoudam Ibochouba Singh Appellant


Rajvi Roop Singh, J.C. - (1.) THIS is an appeal, by Thoudam Ibochouba Singh, who has been convicted by the learned Sessions Judge of Manipur under Section 302 of the I.P.C. and has been sentenced to imprisonment for life.
(2.) THE facts necessary for this disposal of this case are that the accused -appellant Th. Ibochoba Singh and the deceased Ibomacha Singh were the residents of village Langthabal Mantirkhong. It is also alleged that they were friends and used to move together. It is said that on 27.4.62 at 3 p.m. the appellant came to the house of Ibomacha Singh and took him for witnessing a performance at Kadompokpi. Thereafter, it is not known as to why the deceased received the injuries and by whom. But according to the prosecution the appellant inflicted certain injuries to the deceased with a blunt weapon and due to those injuries the deceased fell down on the side of the road. In the evening L. Aber Singh while going to his village on a bullock cart found the deceased lying on one side of the road. He put him on his cart and brought him to his house. Thereafter, he sent information to the relation of the deceased and on that information his brother Mangi Singh (P.W. 1) came there. As the deceased had injuries on his person so Kh. Mangi Singh took him to Civil Hospital, Imphal. There the Doctor on duty examined his injuries and admitted him as an indoor patient. In the meantime, a report about this occurrence was lodged by Kh. Mangi Singh, the elder brother of the deceased at Police Station, Imphal, on 28.4.1962. On this report a case under Section 326 I.P.C. was registered and S.I. Mani Singh took the investigation of this case in his hand and went to the Civil Hospital and found the condition of the deceased very serious. Thereafter, he went to the place of occurrence and prepared the site plan etc. The deceased Ibomacha Singh died in the afternoon of 30.4.62. On the death of Ibomacha Singh, the offence was altered from Section 326 to 302 I.P.C. and its investigation was then taken up by Shri N. Gouramani Singh (S.I.). Shri N. Gouramani Singh, S.I. went to the Civil Hospital and prepared the inquest report of the dead body. He sent the dead body with constable Section Madhumangol Singh to Dr. K. Gopal Singh for post -mortem examination. Dr. K. Gopal Singh performed the post -mortem examination on the dead body on 30.4.62 at 4.35 p.m. He found the following ante -mortem injuries on his person: 1. One swelling 1 1/2" diam. on the area 3" above lateral end of the right eye -brow. 2. One transverse lacerated wound 1 1/2" Ã - ¼" Ã - bone deep just on the right side of occipital protuberant, and One Longitudinal lacerated wound 2" Ã - ¼ '' bone deep 1/2" above occipital protuberant. All these injuries, according to him, were caused by blunt weapon. The cause of death according to him was due to shock and haemorrhage as a result of cranium injury. On receipt of this post -mortem report Shri N. Gouramani Singh (S.I.) examined the witnesses and after completion of the investigation submitted a charge sheet against the appellant on 31.12.62 he learned Additional District Magistrate after preliminary enquiry committed the appellant to the Court of Sessions Judge to stand his trial under Section 302 I.P.C. by his order dated 29.8.63. 3. The prosecution, in order to substantiate the offence under Section 302 I.P.C. examined 15 witnesses. The appellant when examined pleaded not guilty. His case was that he has been falsely implicated in this case. He led no evidence in his defence. The learned Sessions Judge after consideration of the entire evidence and all aspects of the case convicted the appellant as noted above. The appellant being aggrieved with this judgment of the learned Sessions Judge has filed this appeal.
(3.) IN this case the first point for consideration is whether the deceased Ibomacha Singh died on 30.4.62 due to injuries caused by blunt weapon. The death of Ibomacha Singh as a result of the injuries caused by a blunt weapon on 27.4.62 is well established and in fact not disputed. The learned Counsel for the appellant too at the very outset frankly conceded that in the face of preponderate, direct and circumstantial evidence he does not contest the factum of the death of Ibomacha Singh at Civil Hospital, Imphal. I too feel that he has rightly conceded in view of the overwhelming direct and circumstantial evidence on the record.;

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