JUDGMENT :- This is a State appeal under Section 417 Criminal P. C. against the judgment dated 6th November 1969 by which Shri P.N. Roy, Additional Sessions Judge, Manipur, acquitted the five respondents of the charge under Section 395 read with Section 397 I. P. C.

2. The prosecution story, succinctly put, is that late on the evening of 9-11-1967 when Puja was being performed in the official quarter of Doctor S. P. Sarkar, Medical Officer in charge of Primary Health Centre, Sagolmang, in connection with the birth of a son to him, as many as 15 or 16 persons, clad in olive green uniforms and carrying weapons including sten guns and daos, entered the quarter from its back side. Some of them stepped into the bed room of Doctor Sarkar where the latter was taking rest. The culprits asked Doctor Sarkar to be up on his feet and raise his hands, and he complied. The culprits then tied his hands, marched him outside the quarter, trained their sten guns at him, and demanded money and other valuables from him. Faced with that eerie situation, Doctor Sarkar told the culprits to take all that lay in his quarter. The culprits however insisted on Doctor Sarkar paying them Rs. 1,000/- beyond what

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