Criminal (Jail) Appeal Case No. 2 of 1964, Criminal Revn. Case No. 5 of 1964. Case: Malsawn Lushai and another Vs Manipur Administration.
| Case Number | Criminal (Jail) Appeal Case No. 2 of 1964, Criminal Revn. Case No. 5 of 1964 |
| Judges | Rajvi Roop Singh, J.C. |
| Issue | Criminal Procedure Code (5 of 1898) - Section 367; Indian Penal Code (45 of 1860) - Section 34 |
| Citation | AIR 1966 Manipur 2 |
| Judgement Date | November 29, 1965 |
Judgment:
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The appeal in this case is directed against the judgment of learned Sessions Judge of Manipur dated 24-1-1964 convicting the appellants Malsawn Lushai and Chhawanhuia Lushai of offences u/S. 302/32,394 I.P.C. and Section 14 of Foreigners Act respectively. They have been sentenced to imprisonment for life u/S. 302/34 I.P.C., 7 years R.I. u/S. 394 and 2 years R.I. u/S. 14 of Foreigners Act. The learned Sessions Judge has directed the sentence to run concurrently. The State of Manipur has filed a Revision petition for enhancement of life imprisonment to sentence of death. This revision petition was entered as Criminal Revision Case No. 5 of 1964 and a notice was issued to the appellants to show cause why their sentence should not be enhanced so as to make it in accordance with the law. The appeal and revision will in these circumstances be disposed of together by this judgment.
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The facts of this case fall within a narrow ambit and may be succinctly stated as follows:
On 17-5-1962 the deceased Bhungjachin of New Churachandpur left for Burma with Gokai Paite the brother of his wife with a sum of Rs. 3800/- which he took as a loan from his brother Haosinyan Paite P.W. 2 for purchasing bristle (pig hair) and Saom Masingha (intestine of bear). Gokai Paite went with the deceased to meet his relatives there. They went to village Jaumum, in Burma where their relatives were residing. There they met the two appellants who are the residents of that village and asked them for help in purchasing bristle and Saom Masingha. They stayed there for 15 or 16 days but were not successful in getting these articles. When they were staying there they learnt that communal riot between the tribes of Paite and Mhar was imminent at Churachandpur, therefore they left without purchasing the articles. When they reached near village Lompi, they found both the appellants sitting near the road. From there onwards all In the evening of 5th June, 1962 they reached Chakpikarong. After taking their meals they left Chakpikarong. When they resumed the journey it is said accused Chhawanhuia told the party that if any one has money or smuggled goods with him he should walk behind others in order to avoid harassment from the Police. The deceased told them that he has got money with him.
Thereafter they reached village Bijang at 9 p.m. From there onwards they had to cross the river Imphal which is 40 to 50 yards wide. While crossing the river Gokai was ahead of all as he had torch with him by which he was showing the way to the other members of the party in that dark night. He was followed by accused Malsawn. It is said that accused Chhawanhuia was walking behind the deceased. When Gokai had reached the middle of the river he heard the report of a gun fire close behind him. He being afraid ran forward and after crossing the river went in the nearby jungle on the opposite side of the bank of the river. He remained there for the night and in the morning he left for his village. He reached village Sompek at about 8 or 9 a.m. and took rest at the house of one Paite. In the house there was no male member, therefore he narrated the incident of the last night to the women of that house. The appellants also came there. He inquired them about Bhungjachin and they replied in the negative. Thereupon he requested them to join him in the search for Bhungjachin but they did not agree to.join him in the search of the deceased. Thereafter Gokai alone went to the river side and found the dead body of Bhungjachin lying at the house of Angou Singh of village Bijang with gun shot injury at the back of his head. It appears that on 6-6-1962 Sunghril Anal of village Kolan saw the dead body lying on a Chaw land of the river Imphal. Thereupon he informed Champhring Anal the Khullakpa of Kolan Tampak.
The Khullakpa of the village made a report 10 the O/C Sugnu out post who sent 2 constables to guard the dead body. They instead of guarding the dead body there brought it to the house of Angou Singh. Gokai Paite P.W. 3 after seeing the dead body sent the information to his brother Thangkhum P.W. 1 at Churachandpur, therefore, he came there. Gokai P.W. 3 told him all about the occurrence. He thereupon went back to Churachandpur and lodged the report about the occurrence at the P.S. Churachandpur 7-6-1962 at 4-30 p.m. Shri Shyama Singh, S.I.P.W. 14 recorded the statement of the informant and arrested the accused Chhawanhuia Lushaiat about 5p.m. on the same day. Thereafter he went to the place of occurrence and asked the A.S.I, to arrest the other accused Malsawn Lushai. Shyama Singh, S.I. reached the place of occurrence in the morning of 8-6-1962 and prepared the inquest report Ext. A/12. He prepared the site plan and thereafter recorded the statements of some of the witnesses. After that he got sealed the dead body and sent it for post mortem examination along with constable C.W. 1 Gopal Singh. The constable handed over the dead body to P.W. 11 Dr. Gopal Singh. Dr. Gopal Singh, performed post mortem examination on the dead body of Bhungjachin on 9-6-1962 at 8-30 A.M. He found the following ante-mortem injury on the dead body.
One round lacerated wound 1" in diameter and 4" in depth 1" away towards the left from the occipital protuberant and?" below the same.
On dissection he found one compound communated fracture of the occipital bone and the rupture of brain membrane. The brain itself was decomposed.
According to him the above injury was caused by a gun shot. He also took out two pellets Exts. M-3 and M-4 from the head of the dead body. According to the Doctor the cause of death was haemorrhage and shock as a result of above injury. He prepared the post-mortem report Ext. A-8. Thereafter on the night intervening 7/8 June, 1962 the A.S.I, arrested the other accused. After that on 11-6-1962 the investigating officer P.W. 14 Shyama Singh went to village Rengkai and recovered Rs. 1520/- from Mangjaki Hmami P.W. 6 wife of Ruma Hmar at the instance of accused Malsawn in the presence of Ruma Hmar P.W. 10 and Vungsiam Paite P.W. 7 and prepared its recovery memo Ext. A/6...
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