JUDGMENT & ORDER(CAV)

(Golmei Gaiphulshillu, J)

[1] Heard Mr. M. Gunedhor, learned counsel appearing for the appellants and Mr. Samarjit Hawaibam, learned PP appearing for the respondent.

[2] The present appeal has been instituted praying for setting aside the judgment and order of the Ld. Additional Sessions Judge (Fast Tract Court), Manipur dated 12.01.2018 passed in Session Trial No. 4/99/10/05/17 convicting the accused/appellants and the subsequent order of sentence passed by the same Court on 18.01.2018 convicting the accused/appellants for committing offences punishable under Section 302 of the Indian Penal Code read with Section 149 of the same code.

[3] The factual position which forms the background of the present appellants’ plea are that on 23.06.1989 at around 04:30 p.m., one Polem Indrajit Singh filed a report with the Officer- in-Charge, Imphal Police Station, on being narrated by Nongmaithem Megha Singh (P.W. No. 4) who accompanied his son namely, Polem Satyajit Singh, stating that while he was returning home from his Khola near Khoyathong Tank at around 02:30 a.m. along with his friend (P.W. No. 4), some unknown persons numbering 8 to 12 assaulted him by using iron rods, sharp weapons, clubs etc. causing serious bodily injuries to his son and he was evacuated to RIMS hospital (the then RMC hospital) with his local people at about 02:50 a.m., however succumbed to injury at about 03:30 a.m.

On the basis of the report filed, an FIR case No. 384(6) 89 Imphal Police Station was registered under Section 302 read with 34 IPC. However, no explanation was offered by the P.W. No. 4 for a long delay of about 14 (fourteen) hours to anyone, least of all the concerned Court.

[4] Some weapons of the crime were recovered under Section 27 of the Evidence Act, at the instance of accused/appellant No. 1 and another accused namely, P. Dhananjoy Singh (now deceased) on 24.06.1989 and 29.06.1989 respectively. In connection with the incident, after arresting 8 (eight) accused persons, as remanded by the concerned Court; while they were in jail, a Test Identification Parade was conducted on 11.07.1989 by an Executive Magistrate (P.W. No. 15) during which one, Moba @ SanatombaSingh (now deceased) was identified by Nongmaithem Megha Singh (P.W. No. 4).

[5] After due investigation, a charge sheet was submitted to the Court of the then Ld. Chief Judicial Magistrate, Imphal and on receiving the same on 31.07.1998, the Ld. Magistrate committed the case to the Ld. Sessions Judge, Manipur East on 05.04.1999. However, surprisingly names of two accused persons namely, Rajen Singh and I. Nabachandra Singh who were arrested and detained in judicial custody, were found missing in the charge sheet without mentioning reason for their omission and they were also released on bail.

[6] The Ld. Sessions Judge, Manipur East framed charges against the 6 (six) accused persons under Section 302 IPC read with Section 149 of the same Code on 14.06.1999. The prosecution examined 36 (thirty six) witnesses. The specific defence case was that of false implication by pleading their innocence and of total denial of the allegation levelled against them.

During the course of trial, 3 (three) accused persons namely, S. Bodo@Somorendro, R.K. Sanatomba Singh & P. Dhananjoy Singh, died and accordingly they were dropped from the trial.

[7] Upon conclusion of the trial and after examining the accused/appellants under Section 313 of the CrPC, the trial was subsequently transferred to the Ld. Additional Session Judge (Fast Tract Court), Manipur East by the Ld. Sessions Judge, Imphal West. The Ld. Additional Session Judge (Fast Tract Court), Manipur East passed the judgment and order dated 12.01.2018 convicting the accused/appellants for committing the offences punishable under Section 302 of the IPC read with Section 149 of the same Code.

Subsequently, on 18.01.2018 an order was passed sentencing the 3 (three) accused/appellants to undergo imprisonment for life and also with a fine