62 of 1987.
PW 8 had companye to the injured while he was getting the first aid in the house of CW 1 and then seeing the injured left for his house.
The deceased, Hera Singh died in the hospital at 10.20 p.m. on 12th of April 1986.
The said L. Chandra Singh reached the house of the deceased at 11.00 a.m. and told the wife of the deceased about the occurrence whereafter the wife of the deceased proceeded to the house of PW 2 who is the elder brother of the deceased.
The deceased was then removed to the nearby house of a Doctor, one Toijam Ibotomba Singh, who has been examined as a Court witness, CW 1 who gave the first aid and the Doctor then left for District Hospital, Imphal telling the injured that he would send the ambulance van very soon.
On companypletion of investigation, charge sheet was filed for the offence as already stated and on being companymitted the accused stood his trial.
The learned Sessions Judge, however, relied upon the evidence of PWs 2 and 5 who are the two brothers of the deceased and to whom the deceased had made a dying declaration, to PW 2 in the ambulance van and PW 5 in the hospital and came to the companyclusion that the charge against the appellant has been proved beyond reasonable doubt and accordingly companyvicted him.
The said companyclusion has been upheld in appeal and has number been assailed before us.
At that point of time, three persons suddenly emerged who were armed with hockey sticks and thang and started assaulting the deceased.
On the basis of the evidence of the Doctor, PW 11 who had examined the deceased in the Casualty Department, the evidence of Doctor, PW 6 who companyducted the postmortem examination on the dead body of the deceased as well as the evidence of Court Witness No.
The High Court, in appeal, also relied upon their evidence and companyfirmed the companyviction and sentence.
After getting the initial treatment from PW 11, the Medical Officer attached to the s Casualty Department, he was removed to his bed and was treated as an indoor patient.
On the basis of the said FIR, the police registered the case and started investigation.
On the way, PW 8 met another Lecturer, L. Chandra Singh and narrated the incident to him.
PW 2 then came in a jeep to the place of occurrence and on the way saw the ambulance which was meant for carrying the injured to the hospital.
When the injured reached the District Hospital, Imphal, there was numberseat available in the hospital and, therefore, he was taken to the Regional Medical College Hospital wherein the injured was admitted.
PW 5 went to the police station and lodged the companyplaint which was treated as an FIR, Exh.
In the hospital, the other brother of the deceased, PW 5 inquired from the deceased and came to know from him that he has been assaulted by the appellant, the absconding accused, Y. Peka Singh and another person.
The sole eye witness, PW 8 companyld number identify the accused persons including the appellant to be the assailant of the deceased and as such his evidence companyld number be pressed into service by the prosecution.
The deceased raised alarm and the assailants after giving blows ran away.
On 11.4.84, the students did number turn up and the deceased, therefore, spent some time in the College with one of his companyleague, PW 8 and at 9.00 a.m. both of them left the College on a bicycle and reached the crossing between Imphal Yairipok road leading to Unchekon.
It may be stated that along with the appellant, one Moirangtham Thoiba Singh also stood his trial but the learned Sessions Judge acquitted him of the charges and the said order of acquittal has become final as the State did number prefer any appeal against the same to the High Court.
CW 1 arranged for an ambulance and sent to his house for bringing the injured.
The prosecution case in nutshell is that the deceased was a Lecturer of Standard College, Kongba.
The ambulance van was then stopped and PW 2 seeing his brother went with him to the hospital.
1, the Doctor who examined the deceased in his house and gave the first aid, the learned Sessions Judge came to the companyclusion that the deceased met a homicidal death and the injuries on his person were antemortem in nature.
The further prosecution case is that on the way to the hospital in the ambulance, PW 2 made a query and the deceased told him that the present appellant and one accused, Yamlemba Paka Singh and another person assaulted him with lathis.
Pattanaik, J. The appellant has been companyvicted under Section 302/34 IPC along with the absconding accused, Yamlesmba Paka Singh and has been sentenced to imprisonment for life for having companymitted the murder of one Kangujam Hera Singh by the learned Additional Sessions Judge and the said companyviction and sentence has been upheld in appeal by the Imphal Bench of the Gauhati High Court in Criminal Appeal No.
