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Judgment
MV Muralidaran, J
The Learned Sessions Judge, Imphal West has passed an order in S.T. No.7 of 2014/39 of 2015 and the order is as follows:-
"1. This is a hearing relating to sentence to be awarded to convict accused, Soibam Dhanabir Singh.
The accused, Soibam Dhanabir Singh is convicted under sections 302 and 201 of the Indian Penal Code for committing murder of one Km. R.K. Ratanamala Devi by strangulating on 30.01.2010 at about 1.30 a.m. and for disappearance of evidences.
Heard the Ld. Spl. P.P. and learned counsel of the accused. Learned Spl. P.P. has submitted that the accused has committed murder of one Km. R.K. Ratanamala Devi, who is his lover by strangulating and for disappearance of evidences. The deceased victim was aged about only 26 years when she was killed; the accused inducing her to marry him and taken away and killed her and thus, the crimes committed by the accused are serious offences against women and prays for awarding capital punishment under section 302 with fine and maximum punishment under 201 IPC.
Learned counsel of the accused, has contended that the accused is a person recognised by the State for producing a rare fish known as "PENGBA"; the accused has his wife and three sons at present; there is no criminal case against the accused except this case; this instant case is not within the category of rarest of rare case and prays for awarding life imprisonment under section 302 IPC.
As per section 302 the punishment for murder is death or imprisonment for life and shall also be liable to fine. As per section 201 the punishment is with imprisonment of either description for a term which may extend to seven years and shall also liable to fine in connection with capital offence.
Regarding awarding of death sentence in the case of murder, the Hon'ble Supreme Court in Gurvail Singh v. State of Punjab (2013) 2 SCC 713 observed:
"To award death sentence, the aggravating circumstances (crime test) have to be fully satisfied and there should be no mitigating circumstance (criminal test) favouring the accused. Even if the tests are satisfied as against the accused, even then the Court has to finally apply the Rarest of Rare Cases test (R-R Test), which depends on the perception of the society and not "judge-centric", that is whether the society will approve the awarding of death sentence to certain types of crime or not. While applying this test, the Court has to look into variety of factors like society's abhorrence, extreme indignation and antipathy to certain types of crimes like rape and murder of minor girls, especially intellectual challenged minor girls, with physical disabilities, old and infirm women with those disabilities etc. examples are only illustrative and not exhaustive. Courts award death sentence, because situation demands, due to constitutional compulsion, reflected by the will of the people, and not "Judge-centric."
I have perused carefully at the materials on record. It is no doubt that the present accused had committed murder of his lover by strangulation and also disappeared some of the evidences. However, on considering all the aggravating and mitigating circumstances of the case, I find that the present case is not within the category of 'Rarest of rare' cases as per the ratios laid down by the Hon'ble Supreme Court.
Accordingly, the accused Soibam Dhanabir Singh, S/o S. Tomba Singh of Ningombam Mayai Leikai, Imphal West District, Manipur is hereby sentenced as follows:-
(i) The convict accused, S. Dhanabir Singh is sentenced to suffer rigorous imprisonment for life and to pay a fine of Rs.1,00,000/- (Rupees one lakh) only under 302 IPC.
(ii) The convict accused, S. Dhanabir Singh is sentenced to suffer rigorous imprisonment for 7 years and fine of Rs.50,000/- (Rupees fifty thousand) only under section 201 IPC.
(iii) The said total fine amount of Rs.1,50,000/- (Rupees one lakh fifty thousand) only shall be given to the mother of the deceased victim, namely, R.K. Ongbi Ngangbi Devi, W/o, (L) R.K. Ruhinikumar Singh of Khurai Chingangbam Leikai, P.S. Porompat, Imphal East District, Manipur.
(iv)The said fine amount of Rs.1,50,000/- be deposited to this Court within a period of 6(six) months from today or from the day of confirmation of this order by Appellate Court, if any appeal is preferred and if the accused fails to deposit the said fine amount, the same should be deducted from the remuneration or otherwise earned by the accused while he has been serving his sentence, per month @ 50% and whatever amount deducted be deposited to this Court per year till the realisation of the entire amount of Rs.1,50,000/-. Whatever amount deposited by the jail authority be paid to the mother of the victim.
(v) This Court has also recommended for providing compensation of Rs.5,00,000/- (Rupees five lakhs) only to the said mother of the deceased under section 357A of the Code of Criminal Procedure as per the ratio laid down in Suresh & another vs. State of Hariyana [2015 (2) SCC 227]. The State Government has to pay the said compensation through Member Secretary, Manipur State Legal Services Authority.
The sentences awarded to the convict accused to be run concurrently.
Hence, a copy of this order to be forwarded to the Chief Secretary, Manipur and Member Secretary, Manipur State Legal Services Authority for doing the needful. A copy of this order be furnished to the prosecution as well as the accused forthwith.
Announced in the open Court."
In the order, the Learned Sessions Judge directed the State Government to pay the compensation to the mother of the deceased victim.
Though the order has been passed long back, but due to non-compliance, the petitioner approached this Court by invoking Article 226 of the Constitution of India.
Without going into the merit of the case, I am directing Mr. Y. Ashang, learned GA to get instructions from the State Government and also Mr. Y Ashang, learned GA is directed to inform the State to pay the compensation on or before 24.10.2019.
Post the matter on 24.10.2019.
Registry is directed to print the name of Mr. Y. Ashang, learned GA.
Issue copy to both the parties.