SAGOLSEM INDRAMANI SINGH AND ORS. Vs. STATE OF MANIPUR

JUDGEMENT

(1.) SRI Sagolsem Indramani Singh, Sri R. K. Maipak Sana Singh, Sri Yengmaso and Sri Wahengbam Pralhada Singh have brought this appeal against the order of Sri Niladhawaja Singh, Sub -Divisional Officer, Sadar and Magistrate First Class, Manipur dated 12 -10 -1953 sentencing the convict appellants to 6 months' rigorous imprisonment each, on each of the charges Under Sections 124A and 153A, IPC But the sentences have been ordered to run concurrently. The appellants had also been charged Under Section 120 -B, IPC but they were acquitted under the aforesaid charge.

(2.) THE facts of the case are practically admitted that a public meeting was organised at the Polo -ground, Imphal at 3 p.m. on Sunday 19 -4 -1958 and the appellants published and circulated among the Manipuri public 3 leaflets Exs. P/A, P/B and P/C and according to the prosecution these leaflets were distributed with a view to exciting disaffection towards the Government established by law in India, and also in order to promote feelings of enmity or hatred between Manipuri and non -Manipuri citizens of the Indian Republic residing in Manipur. The resolution Ex. P/T was passed in this meeting in which about 3,000 people had assembled and according to the prosecution no reasonable demands were put forward by means of this resolution and a threat of launching 'Satyagraha' movement and formation of independent buffer State in Manipur under the U. N. Trusteeship, was held out if the demands mentioned in the resolution were not met within 15 days of the meeting.

(3.) THE appellants denied that they ever, in any way, excited or attempted to excite disaffection against the Government and they further denied that they ever promoted or attempted to promote class hatred among different classes of people residing in Manipur. The appellants produced no witness in defence, but they filed written statements Exs. D/B, D/D and D/E and the written speech of the appellant No. 2 was also filed by Ex. D/C, while the chit Ex. D/A has been produced to show that Sri Gopal Singh P.W. 2 could not properly write out the speeches swiftly as he writes by left hand and he wrote out the words "Action for that was taken properly" in Court probably very slowly.