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1985 Supreme(SC) 241

A.V.VARADARAJAN, S.MURTAZA FAZAL ALI
Keisam Kumar Singh – Appellant
Versus
State Of Manipur – Respondent


Advocates:
A.Subhashini, G.DAS, HALIDA KHATUN, S.K.NANDY, S.PAREKH, S.RANGARAJAN

Judgment

FAZAL ALI J. :- By our Order dated July 16, 1985, we had dismissed the appeals. We now proceed to give reasons for the same.

2. The prosecution case has been detailed in the judgments of the High Court and the trial Court and it is not necessary for us to repeat the same all over again. The accused, Keisam Kumar Singh, Bijoy Singh and Sagolsem Ibotomcha Singh were put on trial before the Sessions Judge for an offence under Section 302/34, IPC for causing murder of the deceased. Raghumani Singh.

3. The entire case hinges on the evidence of the two eye-witnesses, PW 1 (Oken Singh) and PW 2 (Manihar Singh) who were actually friends of the deceased and belonged to the same village which was situated within the jurisdiction of Moirang police station.

4. According to the prosecution, on December 14,1970, PWs 1 and 2 accompanied by the deceased, went to Hotel Deluxe and took their meals in room No. 2 at about 4.30 P.m. Thereafter, they visited Usha Talkies to see the film Romeo & Juliet which started at 5.15 p.m. and ended at 7.30 p.m.

5. The learned trial Judge seems to have made an absolutely artificial and computerised approach regarding the timings of the various places visited b















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