JUDGMENT &ORDER (CAV)

[1] These appeals arise out of the judgment made in S.T. Case No.10/2006/11/2006 by the learned Additional Sessions Judge, Manipur East, convicting the appellants-accused for an offence under Section 304 Part II IPC, and sentencing them to undergo five years rigorous imprisonment and to pay a fine of Rs.10,000/- each, in default, to undergo rigorous imprisonment for six months.

[2] Brief facts of the prosecution case are as follows:-

[2.1] On 31.07.2004 at around 2.30 p.m., the deceased Penmi, younger brother of the complainant, who was mentally unsound, was taken to VachonTharam of Halang village by the appellants- accused and physically assaulted seriously at the said spot and as a result, Penmi succumbed to the injuries.

[2.2] One SomtharKeidam set the law in motion. On the basis of complaint lodged by the said SomtharKeidam, an FIR bearing No.8(8)2004 was registered by the Ukhrul Police Station under Section 302/34 IPC against the appellants-accused.

[2.3] P.W.4-Sub Inspector of Police, on receipt of the complaint from SomtharKeidam and upon registration of the FIR on 1.8.2004 at 12.30 p.m., went to Halang village and found the dead body of Penmi lying at the house of S. Lamyang, elder brother of Penmi. He had conducted inquest on the dead body of Penmi and took photographs. Thereafter, P.W.4 seized one G.I. Pipe of 1 Inch diameter, 4 feet in length on production by Ram Somthar, elder brother of the deceased Penmi, under seizure memo Ex.P9. Thereafter, P.W.4 brought the dead body to Ukhrul Police Station for conducting post- mortem as there was no mortuary at the District Hospital, Ukhrul. Dr. Chesti conducted post-mortem on the body of the deceased Penmi and had issued Ex.P5 post-mortem report and thereafter, P.W.4 handed over the body to the family members of the deceased.

[2.4] On 2.8.2004, P.W.4 arrested the appellants-accused from their respective houses and remanded them to judicial custody. After completing the investigation and after examining the witnesses, P.W.4 filed Ex.P6-charge sheet against the appellants-accused under Section 302/34 IPC before the jurisdictional Magistrate Court.

[3] After committal of the case to the Sessions Court, the case was taken on file as S.T. Case No.10/2006/11/2006 and thereafter, transferred to the file of the Additional Sessions Judge, Manipur East for trial.

[4] To substantiate the charges against the appellants- accused in the trial Court, P.W.1 to P.W.4 were examined and Exs. P1 to P12 and M.O.1 were marked. The appellants-accused were questioned about the incriminating circumstance and evidence under Section 313 Cr.P.C. on 18.3.2013. The appellants-accused denied all of them and pleaded that a false case was foisted against them.

[5] Upon consideration of the oral documentary evidence, the trial Court came to the conclusion that there is no eye witness to the alleged incident and therefore the case is based on circumstantial evidence. The trial Court, further held that the deceased Penmi was chased by the appellants-accused and assaulted the deceased. However, the trial Court held that the assault caused to the deceased was not with an intention to kill him, but due to sudden provocation of his assault to some women of their village and therefore, Section 302 read with 34 IPC would not attract. Accordingly, the trial Court convicted the appellants-accused under Section 304 Part II IPC vide judgment dated 15.7.2013 and the case was adjourned to 25.7.2013 for sentencing. On 25.7.2013, the trial Court sentenced the appellants- accused to undergo 5 years rigorous imprisonment under Section 304 Part II IPC and to pay fine of Rs.10,000/- each, in default, to undergo 6 months rigorous imprisonment. The trial Court has also ordered that 50% of the fine amount shall be given to the legal heirs of the deceased. Challenging the conviction and sentence imposed on the appellants-accused, the appellants-accused havepreferred these jail appeals.

[6] The prosecution version hinge