RANJIT KUMAR HALDAR Vs. STATE OF SIKKIM

JUDGEMENT

(1.) The present appeals arise out of common judgment dated Nov. 25, 2011, maintaining conviction and sentence on the appellants for causing death of Netai Mohanta.

(2.) An FIR was lodged by Bhola Mohanta (PW-1), brother of the deceased, on Dec. 28, 2004. The original FIR was lodged in Bengali language (Exh. 1), which was later translated in Nepali language. Bhola Mohanta (PW-1) in his statement has stated that his brother had gone to Rabom Power House at Lachung along with his family with the accused Ranjit Haldar to work as Carpenter. He further stated that his deceased brother, Netai Mohanta, was murdered by accused Ranjit Haldar along with his nephew Puran Bandhu Mondal and Mamta Mohanta, wife of the deceased. He also stated that the body of his deceased brother was buried inside the house at Rabom where they used to stay.

(3.) On the basis of his statement, the investigations were undertaken by Rinzing Palzor Bhutia (PW-15). He deposed that he availed the services of one Krishna Kanta Burman for translating the contents of FIR, lodged by Bhola Mohanta, from Bengali language to Nepali language. He visited the place of occurrence at the house belonging to one Jamyang Bhutia (PW-5) and prepared rough sketch map and also arranged to take photographs of the place of occurrence. Accused Mamta Mohanta was present at the place of occurrence who was brought by Bhola Mohanta (PW-1). The statement (Exh. 4) of accused Mamta Mohanta was recorded under Sec. 27 of the Indian Evidence Act, 1872, for short, 'Act'. On the basis of statement, the dead body of deceased Netai Mohanta concealed underneath the wooden flooring at the place of residence was recovered after the flooring was removed. Dr. S.D. Sharma (PW12), a medical consultant of STNM Hospital, was also present at the time of recovery of dead body. The dead body was found packed in a gunny bag with its opening tied by a rope. The body has not decomposed but dried to certain extent as the weather condition at Rabom being cold. The dead body was identified by Ravi Deb (PW-3). The postmortem report is Exh. 27. The investigating officer took into possession one plane (randa), one local made 'angethi', one 'batali' (carpenter tool) and a lock. He also took into possession two gunny bags smeared with mud, two pieces of rope of different sizes from the place of occurrence.