(1.) The death reference and the Criminal Appeal arises out of the judgment and order dtd. 27/1/2020 and 28/1/2020, passed by the learned Sessions Judge, Kalimpong in Sessions Trial No. 04 of 2018 arising out of Sessions Case No. 07 of 2018, convicting the appellant Surjey Bhujel for commission of offence punishable under Sec. 302 of the Penal Code, 1860 and sentenced to death (capital punishment) and also sentenced to pay a fine of Rs.1,00,000.00 (Rupees One Lakh) in default to suffer rigorous imprisonment for five years.
(2.) Prosecution Case:- The prosecution case initiates from the written complaint dtd. 3/2/2018 lodged at 08.15 hrs by (PW 1) Smt. Nima Dolma Tamang:-
(3.) The case in brief:- The opinion of witnesses and police officer as to cause of death was murder. (PW 18) Sub-Inspector of Police posted as officer in charge, Jaldhaka P.S. took up the investigation, visited the place of occurrence (P.O.), prepared rough sketch map with index of the P.O. (Ext 19 and 19/1) and recorded the statements of witnesses, arrested the accused, who took the police to a jungle in Bhasmay gaon (about 100 meters away from the P.O.), where as per the instruction of the accused, he recovered one Iron made sharp cutting knife namely "Bamfak" from the said jungle and seized the same. The "Bamfak" was stained with blood. On 7/2/2018 between 15.25 hrs and 15.45 hrs, the I.O. went with the accused and force to Murti Khola, below the bridge near Sombaredhara, Kumai Tea Estate and recovered the wearing apparels of the accused from below the Bridge in wet condition and seized the same. Statements under Sec. 164 Cr. P.C. was recorded of witnesses Rajen Bhujel (PW 6) and Dhan Bahadur Bhujel (PW 8). Charge sheet was submitted under Sec. 302 IPC against the accused. The post mortem report of deceased Junita Bhujel (28 years), Akrit Bhujel (8 years) and Athit Bhujel (6 years) show that the cause of death was the deep cut in the neck and excessive bleeding which is "homicidal" in nature. All the deaths were caused by deep cut in the neck. The case was committed to the Court of Sessions on 15/5/2018. Charge was framed under Sec. 302 of the Penal Code, 1860 against accused Surjay Bhujel on 26/6/2018 to which the appellant pleaded "not guilty" and claimed to be tried. In course of trial, prosecution examined 18 witnesses and exhibited documents and material evidences. On conclusion of trial, the Session/Trial Judge by the judgment under appeal convicted the appellant and sentenced him to death for committing the murder of his sister in law, Junitha Bhujel (28 years) and her sons Akrit Bhujel (8 years) and Athit Bhujel (6 years).
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