RAKESH RAI Vs. STATE OF SIKKIM

JUDGEMENT

(1.) This appeal has been preferred by Rakesh Rai alias Vishal Rai alias Purna Rai (original accused No.3) and Tenzing Tamang (original accused No.4), collectively referred to as the appellants, challenging the judgment and order dtd. 20/4/2012 passed by the High Court of Sikkim at Gangtok in Criminal Appeal No.8 of 2011.

(2.) Four persons, namely, Praveen Subba (original accused No.1), Abishek Rai (original accused No.2), and the appellants were tried in the Court of Sessions, South & West Sikkim at Namchi in Sessions Trial Case No.21 of 2004 for having committed the offences punishable under Sec. 302 read with 34 of the Indian Penal Code, 1860.

(3.) The aforesaid trial was taken up pursuant to the crime registered after lodging of the First Information Report No.25(11)03 dtd. 28/11/2003 registered with Police Station Kaluk, District Gayzing.