2013 murder case of young woman : RI for life for two murder convicts
Source: The Sangai Express
Imphal, December 21 2020:
Maibam Manojkumar Session Judge Imphal East sentenced murder convicts Kshetrimayum Biju and Toijam Thesuch to undergo rigorous imprisonment for life for murdering a Junior Research Fellow (JRF) of RIMS Pathology Department in March 2013 .
The sentence was announced in an Open Court after the sentence hearing against the two convicts Kshetrimayum Biju Meitei @ Hollendro (35) of Thoubal Kshetri Leikai, currently staying at Irilbung Bazar and Toijam Thesuch @ James Bond @ Aboi (34) of Thambalkhong Sabal Leikai today.
The convicts were produced before the Court for the hearing from Manipur Central Jail Sajiwa.
The Court heard Special PP A Sushila who submitted that Kshetrimayum Biju is convicted under Section 120B, 376 and 302 IPC which are very serious offences and prayed for awarding life imprisonment to the convict.
The Special PP further maintained that Toijam Thesuch is convicted under Section 120-B r/w 302 IPC and prayed for awarding the same sentence to him.
The Special PP also submitted that the deceased got about Rs 40,000/- per month while at RIMS during her lifetime and prayed for awarding adequate compensation to the victim's family.
The defence counsel applied for an adjournment of the case on the ground that they could not get ample time to study the judgment delivered by the Court.
But the Court observed that the copy of the judgment dated December 14, 2020, was furnished on the same day to the counsels of the two two convicts on December 19, 2020 .
The prayer of adjournment filed by the defence counsel of the convicts was dismissed.
The defence counsel of Kshetrimayum Biju submitted that the convict is a married person with no criminal antecedents against him and prayed for awarding lesser punishment.
The defence counsel of Toijam Thesuch also contended that the convict is the only son of his parents who are now undergoing treatments.
The convict has one son and there was no criminal antecedent against him except this case and prayed for awarding lesser punishment.
The Court, after going through all the materials on record and also considering the submissions of the Special PP and defence counsels, observed that Kshetrimayum Biju is a close friend of Toijam Thesuch who had love affairs with the deceased.
The convict Toijam Thesuch conspired with Kshetrimayum Biju to eliminate the deceased and then, Thesuch handed over a SIM card which was used by him to communicate with the deceased to Kshetrimayum Biju on March 30,2013 .
From March 31 2013, through the said SIM card, Ksh Biju communicated with the deceased.
Ksh Biju, after convincing the deceased that he will arrange an elopement plan for the two (with Thesuch) called her out in the midnight of April 2, 2013.Kshetrimayum Biju after taking the victim in a two-wheeler vehicle, killed her by strangulating after 'raping' .
Thus Court found that it will be reasonable to sentence the convicts Kshetrimayum Biju Meitei to life imprisonment and a fine Rs 20,000 only under section 120B of IPC and in default of payment of fine, the convict has to undergo simple imprisonment lor 1 more months It is also ordered Ihiit Kshetrirriiiyum Biju Meitei be sentenced to reg orous imprisonment of life and a fine of Rs 20,000 only under section 376 r/w 376A of IPC and in delimit of pay ment of fine, the convict has to undergo 3 months simple imprisonment mid that the accused shall not be released in any manner till he completes 20years of imprisonment.
It is also oulcicd that Kshelnmayum Biju Meitei is sen teneed to life imprisonment under sections 302 and fine of Rs.50,000 in default of payment of line, the convict has to undergo 6 months simple imprisonment.
The sentences announced against convict Kshetrimayum Biju are to run concurrently.
The Court also found that it will be reasonable to sentence Toijam Thesuch to undergo life imprisonment and fine Rs 20,000 under section 120B of IPC and in default of payment of fine, Toijam Thesuch has to undergo 4 months simple imprisonment.
It is also ordered that the convict Toijam Thesuch is sentenced to life imprisonment under sections 302 r/w 120B IPC and fine of Rs 20,000 only and in default of payment of fine, Toijam Thesuch has to undergo 4 months simple imprisonment.
The sentences awarded by the Court against Toijam Thesuch are to run concurrently.
If the amounts are deposited to the Court, the same shall be given to the complainant/legal guardian/near and dear ones of the victim.
Furthermore, the Court also recommended providing compensation under section 357A as per the Victim Compensation Scheme for Women Victims/Survivors of Sexual Assault/Other Crimes, 2018 to the victim through her guardian.
Under the provisions of section 363 (4) CrPC, the convicts were also informed that they have the right to appeal before the High Court within 60 days from the date of sentence or order as per section 115 of the Limitation Act, 1963 .
Comment
