Charge framed against murder accused
Source: The Sangai Express

Imphal, March 28 2018: Golmei Gaiphulshillu, Additional Session Judge, Fast Track Court (Crime against Women) Manipur, has framed charges against the accused of the Uripok double murder case, under section 302 IPC (murder), under section 449 IPC (house trespass) and under section 316 IPC (causing death to unborn child).

The charge order was announced by the Court today after it was kept reserved on March 22 .

The accused of the case, Khongbantabam Hitler (32) s/o Kh Imocha of Uripok Khumanthem Leikai, who is currently lodged in the judicial custody of Sajiwa Central Jail, was produced before the Court today.

During the charge hearing on March 22, the Court heard the submission of Sushila Devi, Special Public Prosecutor for the State of Manipur and Advocate Y Suresh and Senior Advocate N Ibochaoba from the side of the accused.

The Special PP of the State submitted that the complainant of the case, Soram Tomba, gave an account of the presence of the Kh Hitler (ex-boyfriend of his deceased daughter and who had been threatening his family), around his residence, when he came back from office on the day of the incident.

It was also submitted that people from the residence adjacent to that of the victims also revealed the presence of the accused at the locality.

The Special PP further submitted that during interrogation, Kh Hitler admitted to have committed the murder of Soram Lakhipyari and Soram Monica as he had always thought of taking revenge against Lakhipyari (mother of his ex-girlfriend Soram Monica) for the ill treatment that she had shown to him in the past which eventually led to his break up with Monica and also due to Monica betraying and breaking up with him.

On May 30, last year after his work he drove towards the residence of his friend Naobicha Singh, who lives just on the eastern side of the residence of the victims and whom he had befriended some time back.

Hitler calculated the time as fit for carrying out the act of eliminating Lakhipyari and Monica as Soram Tomba (husband of Lakhipyari) would be away at his office, and her granddaughter would also be away for tuition nearby.

It was submitted that the accused slowed down his vehicle and looked around for Lakhipyari and Monica.

He spotted Lakhipyari standing in the veranda of her house and nobody was seen around the locality due to the heavy rain.

Hitler took out a knife from his vehicle, put on a mask and crossed the wall by climbing it near the gate to carry out his plan as the gate was locked from inside.

Then sneaking through the compound, he followed Lakhipyari through the front door where she entered.

Then he attacked Lakhipyari with the knife on her neck.

As she fell down on the floor, he slit her throat.

In the meantime Monica, who was perhaps in the next room, saw the incident and tried to stop Hitler from escaping.

The accused attacked Monica on her head and face with the handle of the knife several times.

He banged her head on the wall and stabbed her several times.

Thereafter he came out of the house and left the knife on the fencing wall near the gate.

The accused then crossed the wall and hid the mask on the roadside drain which runs opposite to the residence of the victims on the southern side.

After that he entered the rented room of Naobicha and watched television with him so as to give an impression that everything is normal.

After staying some time at his friend's place, Hitler came out of his friend's place and saw Soram Tomba returning home and honking his vehicle at the gate, so he (Hitler) drove away from the place in his vehicle in reverse towards the main road in a hurry.

The SPP further submitted that there is a prima facie evidence to charge the accused under section 302/449 and prayed for framing charge against the accused.

The SPP further submitted that based on the post mortem report which mentioned "a dead foetus of about 8 month's gestational age was present in utero.

Homicidal in nature", shows that there is a prima facie evidence to charge the accused under section 316 IPC as well and prayed for framing the charge against the accused under Section 316 IPC too.

On the other hand, the defense counsel submitted that framing charge under section 316 IPC is not necessary to add as the post mortem reports does not make out a prime facie case.

The Court carefully went through all the materials on record and came to the conclusion that there is prima facie evidence or grave suspicion against the accused of committing murder and causing the death of an unborn child by an act amounting to culpable homicide.

Hence the Court framed charges under section 302/316/449 IPC against the accused.

On the other hand, the accused did not plead guilty and claimed for a trial.

As such, the Court fixed April 9 for the submission of the first prosecution witness of the case.

Comment