The accused was let off with one-year SI (simple imprisonment) for the minor offence under Section 326 IPC and another six-month jail for the offence under Section 324 IPC. The two sentences shall run concurrently under the provisions of Section 31 CrPC.
TFM Desk
After 20-year-long trial, a court in Imphal West has acquitted a man, who had allegedly stabbed a police officer to death and injured another cop, of murder charge. This court pulled up investigating agency for the poor and defective investigation in murder case involving death of fellow police personnel in discharge of official duty. In future, the defects pointed out in this case such as non-examination of eyewitnesses, inconsistencies in TIP, recovery of the weapon, etc. be rectified, said the court.
In its judgement pronounced on 8 March 2022, Imphal West Sessions Judge A Guneshwar Sharma observed that the intention for causation of death on the part of the accused is not at all established by the prosecution beyond doubt. Accused Sukham Phunil Singh, 66 years son of (Late) S Anganghal Singh of Singjamei Chingamakha Oinam Leirak, Imphal West was acquitted from the charge of murder of K Ashwini Kumar Singh under Section 302 IPC.
The court also observed that use of any dangerous weapon and accordingly its recovery from the accused are also absent. Thus, the prosecution has miserably failed to bring home the guilt of the accused under section 302 IPC, because it fails to prove the intention of the accused to kill the deceased.
However, the court has held the accused guilty for the minor offence of voluntarily causing grievous hurt under Section 326 IPC read with Section 222 CrPC as the prosecution has clearly established that the accused has committed the offence under Section 326 IPC of causing grievous hurt. Stab wounds by pointed knife will fall within the definition of grievous hurt as defined by Section 320 IPC, it said.
The convict was awarded to go SI (simple imprisonment) for a period of one year for the offence under Section 326 IPC and another period of six months for the offence under Section 324 IPC. The two sentences shall run concurrently under the provisions of Section 31 CrPC.
It may be noted that on 9 September 2002, based on a tip-off that a Moreh bound bus bearing registration no. MN01-0887 was transporting small arms for the purpose of supplying to insurgents and contraband substances like No. 4 (Heroin)), a team of Narcotic Cell led by SI K Ashwini Kumar Singh, ASI Budha Singh and four other constables went towards Singjamei Chingamakhong to verify the bus. While talking to the driver of the bus, SI Ashwini Kumar Singh was suddenly stabbed on his stomach with a pointed weapon. The complainant ASI M Kumar Singh was also stabbed while trying to intervene and was injured on the right side of his neck.
The injured persons were rushed to RIMS Hospital where SI Ashwini Kumar Singh succumbed to his injuries. After stabbing, the assailant Sukham Phunil Singh fled the spot. He was arrested on November 13, 2002.