The nature of injury sustained by BJYM members Mayanglambam Suresh and Ningthoujam Alex were simple according to the medical report submitted before the Session Judge, Imphal West, the resident medical doctor has said.
The Session Judge, Imphal West, had directed the investigation officer to submit a detailed medical report of BJYM members in connection with the FIR against Ningthoujam Popilal for attempted murder of BJYM members.
The court, after perusal of all materials on record, found no ground of justifying custodial interrogation of Popilal and granted absolute bail.
The IO report stated that injury reports of two BJYM members were opined to be simple. It is in contrast to the statement given by the complainant.
Also, there is no clear description of the injury sustained by BJYM members that Alex Ningombam complained of anxiety and vomiting, an alleged history of physical assault and other Suresh injury to physical assault, right temporal arachnoid, hypertension.
"There is no explanation as to whether the symptoms resulted from physical assault," the report stated.
The court opined that two BJYM members were treated for a period of five days (February 9 to 13). But as per section 302, grievous hurt does not match.
"No similarity can make the injury sustained by the victims as grievous hurt" opined the court.
The other claimed that they were given treatment at ICU for the injury sustained, is not in consonance with the injury reportedly classified as simple injury by Resident medical doctor and Raj Medicity as well as definition in section 302 IPC, stated the court.
The court also found that Popilal gave a clear picture of the attack on him by workers of BJYM led by BJYM office secretary N Alex.
There, the court stated that the opposing parties have presented totally opposing yet convincing views of the incidents.
It may be mentioned that Manipur Pradesh Youth Congress Committee (MPYCC) president Ningthoujam Popilal had been granted interim anticipatory bail in connection with the FIR registered against him at Lamphel Police Station.
The FIR was registered based on a complaint lodged by Manoharmayum Barish Sharma, the then president of BJYM (Bharatiya Janata Yuva Morcha) against Ningthoujam Popilal and three other unknown persons under Section 307/326/34 IPC and 25(1-b) Arms Act.
The complaint alleged that on the night of February 9, N Popilal pointed a gun at M Suresh, spokesperson of BJP Manipur Pradesh and Alex Ningombam, office secretary BJYM and assaulted them with the intention to kill before fleeing the scene with three unknown persons.
