LAISRAM CHANDRAMANI SINGH AND ORS. Vs. THE UNION OF INDIA (UOI)
LAWS(GAU)-1958-9-3
HIGH COURT OF GAUHATI
Decided on September 15,1958

Laisram Chandramani Singh And Ors. Appellant
VERSUS
THE UNION OF INDIA (UOI) Respondents

JUDGEMENT

J.N. Datta, J.C. - (1.)THIS is a petition under Article 134(1)(c) of the Constitution for a certificate of fitness to appeal to the Supreme Court.
(2.)THE petitioners, four in number, were convicted, one under Sections 307 and 447 of the I.P.C., others were convicted under Section 307 read with Section 115 and Section 452 of the I. P. C. One of them was convicted under Section 326 also, but in the appeal to this Court he was acquitted of that charge, while the convictions of all on other charges and the sentences which are to run concurrently, the highest being 7 years in the case of the main accused and 4 years in the case of others, were maintained.
Briefly stated the case against the petitioners was, that they trespassed into the house and compound of P.W. 2 (Krishnadas) on the morning Order 4 -10 -56, petitioner Chandramani being armed with a Dao, and inflicted severe injuries on P.W. 1 (Bidhu) and also P.W. 4 (Munal). Some of the phalanges of two fingers of the right hand of P.W. 1 were chopped off, and incised wounds on the head, neck and other parts of the body of P.W. 1 were caused. An incised wound with the under -bone fractured was also caused to the right side of the head of P.W. 4. The petitioners were apprehended while running away after committing the offences.

(3.)THE defence was one of denial, and that the petitioners were implicated falsely, because of a fracas that took place the night before between men of the two parties, and in which Ira Singh a brother of petitioner Chandramani, was severely assaulted. The learned Sessions Judge negatived this contention, and found on the evidence which consisted of an eye -witness (besides those assaulted), of those who arrived on the scene soon after, and other circumstantial evidence that the offences were proved against the petitioners beyond any, doubt; and this Court concurred in that finding on appeal, except with the modification to which reference has already been made above.


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