Court acquits nine cops in July 23 Khwairamband incident
Source: Chronicle News Service
Imphal, July 26 2023:
District and Sessions Judge, Imphal East on Wednesday acquitted nine police personnel including an officer, accused of involvement in the Khwairamband firing incident of July 23, 2009 .
CBI had filed a charge sheet against Yumnam Munal, Hijam Debendra, Thounaojam Herojit, Ngangom Toyaima, Wahengbam Binoy Kumar, Thokchom Jagat, Mohammad Imran Khan, Oinam Keshor and Makan Kanchung Chothe, mentioning them as accused persons in the killing of Chungkham Sanjit and Thokchom Rabina at Khwairamband on July 23, 2009; and the case trial commenced in the court of District and Sessions Judge Imphal East.
Sanjit's mother Taratombi filed a writ petition in connection with the incident and the Gauhati High Court gave an order, based on which the investigation handled by City PS was transferred to the CBI.
According to the complaint hied by Taratombi, her son Sanjit was picked up by Manipur Police Commando from BT Road around 10.45 am on July 23,2019 and taken inside Maimu Pharmacy, where he was shot dead.
Photographs capturing the entire incident were published by Tehelka Magazine on August 8 the same year.
During the course of investigation, CBI found that the accused police personnel had killed Sanjit.
In connection with the case, District and Sessions Judge Imphal East found inspector Hijam Debendra, head constable Thounaojam Herojit, rifleman Ngangom Toyaima, constable Wahengbam Binoy Kumar, havildar Thokchom Jagat, rifleman Mohammad Imran Khan, head constable Oinam Keshor and constable Makan Kanchung Chothe killed Chungkham Sanjit in their custody.
As they are liable for punishment under Section 302 read with 34 of IPC, the court gave its approval for conducting the trial under the above charge.
However, during the hearing, the prosecution failed to produce the necessary certificate under Section 65-B (4) of Evidence Act with regard to the photographs published by the Tehelka Magazine.
As the photographs submitted to the court were all photocopies and no documents verifying the authenticity of the same was submitted, the photographs were inadmissible.
Other materials submitted against the accused persons cannot be taken as true.
The prosecution also agreed that the accused persons were carrying out their duty under the state Home Department and within 500 metres of the then on-going session of Manipur Legislative Assembly.
On top of this, the prosecution also failed to produce any verbal or written document, supporting the charge that they were doing more than what they were assigned to do.
Thus, owing to failure to obtain the required prosecution sanction under Section 197 of CrPC and certificates under Section 65-B (4) of Indian Evidence Act, the court acquitted all nine accused and ordered the discharge of all their bail bonding from Wednesday.
The court further order for handing over the weapons and bullets seized in connection with the case to SP Imphal West and taking up the necessary legal action in this regard.
It also directed for disposal of material objects (MOs) not belonging to the state government after the expiry of the appeal period.