DURGA BURMAN Vs. STATE OF SIKKIM

JUDGEMENT

(1.) Appellant is the second accused in Criminal Case No. 31 of 2001 on the file of the Sessions Judge, Sikkim at Gangtok. He was charged along with one Ranjit Roy under Sections 302, 380 read with Section 34 of the Indian Penal Code (45 of 1860) (hereinafter referred to as 'IPC'). According to the prosecution:

(2.) It is thus further case of the prosecution that the appellant herein made Exhibit P6-disclosure statement while in custody on 12.07.2001:

(3.) On the basis of above disclosure made on 12.7.2001, recovery of the watch was made on 17.07.2001, as per Annexure-P5 memo. The two witnesses in Exhibit P6 are witnesses to the seizure also. The Sessions Court, as per judgment dated 31.12.2002, convicted both the accused under Section 302/380/34 IPC.