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 h