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2023 Supreme(Manipur) 22

SIDDHARTH MRIDUL, GOLMEI GAIPHULSHILLU
Pukhrambam Joykumar @ Sahajahan Singh – Appellant
Versus
State of Manipur represented by the Public Prosecutor, High Court of Manipur – Respondent


Advocates appeared:
For the petitioner:Mr. M. Gunedhor , Advocate
For the respondents: Mr. Samarjit Hawaibam , Public Prosecutor

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


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