Manipur High Court
Thiyam (O) Ibemcha Devi vs State Of Manipur & Anr on 28 July, 2025
Author: A. Guneshwar Sharma
Bench: A. Guneshwar Sharma
KHOIROM Digitally
KHOIROM
signed by
BIPINCHAN SINGH
BIPINCHANDRA
Serial No. 16 - 17
DRA SINGH Date: 2025.07.29
18:20:06 +05'30'
IN THE HIGH COURT OF MANIPUR
AT IMPHAL
CRL. A. No. 2 of 2025
Thiyam (O) Ibemcha Devi
... Appellant
- Versus -
State of Manipur & Anr.
... Respondents
Clubbed with
MC(CRL.A.) No. 9 of 2025
B E F O R E
HON'BLE THE CHIEF JUSTICE MR. K. SOMASHEKAR
HON'BLE MR. JUSTICE A. GUNESHWAR SHARMA
O R D E R
[K. Somashekar, CJ]
28.07.2025
[1] Learned counsel for the appellant/applicant, Mrs. N. Elizabeth is
present before this Court physically and similarly, learned Public Prosecutor for the
State, Mr. RK Umakanta is present before this Court physically.
[2] The proceeding in MC(CRL.A.) No. 9 of 2025 has been filed under
Section 389 (1) of the Criminal Procedure Code, 1973 and whereby seeking for
suspension of judgment of conviction order of sentence rendered by the Ld. Trial
Court in Special Trial Case No. 8 of 2016 dated 27.02.2018.
[3] Whereas, this application is seeking for suspension for intervention
of the judgment of conviction order of sentence. But, the sentence has been held
by the Ld. Trial Court based on the materials available on record inclusive of the
exhibited documents and evidence which has been facilitated by the PW No. 1 to
14, exhibited documents and materials/objects. Despite of the evidences detailed
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by the Ld. Trial Court, the learned counsel for the applicant is seeking for
suspension of the judgement of conviction order of sentence whereby the
applicant was convicted for offences under Section 302 of IPC, 1860.
[4] On the contrary, learned Public Prosecutor in this proceedings is
submitting that the accused was facing for trial for the offences under Section 302
of IPC in Special Trial Case No. 8 of 2016. The materials have been examined and
investigated under the provision of Section 161 and 162 of CrPC and thereafter,
charge sheet was filed under Section 173 of CrPC. However, the accused was
facing trial before the Ld. Trial Court whereby the PWs were examined, the
documents were also exhibited and also the materials/objects i.e. pillow which
was put on the face of the deceased for suffocation and strangulating the neck of
the deceased.
[5] Subsequently, the dead body was sent for autopsy and the autopsy
report reveals that the death was by the materials aforesaid used whereby the
deceased was rendered by suffocation and strangulation by using the pillow.
[6] This submission which is made by the learned Public Prosecutor is
taken on record, whereby the learned PP is submitting that the accused was
convicted for the offence under Section 302 of IPC and therefore, the accused is
not deserving for suspension of the judgment for conviction order of sentence.
Only on this premises, the learned PP is seeking for dismissing the present
application under Section 389 of Cr.P.C.
[7] On this backdrop of the submission of the learned counsel for the
applicant/accused and whereby making an application under Section 389 of
Cr.P.C., the learned counsel for the applicant/accused is submitting that during
the course of the trial the applicant/accused did not file any bail application.
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[8] Whereas, the Ld. Trial Court appreciated the evidence on record
and more importantly appreciated the evidence of the prosecution and also the
defence counsel whereby subjected to cross examination of witnesses. But, the
materials of prosecution witnesses inclusive of cross examination of defence
counsel reveals that the Trial Court has rendered judgment of conviction and order
of sentence. But, this accused is involved for the offences under Section 302 of
IPC and the same is reflected in the impugned judgment and order that the
accused used pillow and also other material for suffocating and strangulating the
neck of the deceased. The same is indicated in the impugned judgment and order.
Therefore, there is no substance in the contentions made by the learned counsel
for the applicant/accused in this proceeding for suspension of the judgment of
conviction order of sentence and grant bail. Therefore, the application deserves
to be dismissed.
[9] Accordingly, dismissed.
The main case being CRL. A. No. 2 of 2025 would be listed on
26.08.2025.
JUDGE CHIEF JUSTICE
Bipin
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