(1.) This appeal is directed against the Judgment and Order dtd. 30/3/2022 passed by the learned Sessions Judge, Khonsa in connection with Khonsa Sessions Case No. 98/2019 (Miao Police Station Case No. 25/2004) convicting the appellant under Sec. 302 of the Indian Penal Code, 1860 (IPC for short) and sentencing him to undergo Imprisonment for Life and to pay a fine of Rs.20,000.00 (Twenty Thousand) with default stipulation.
(2.) The genesis of the case was that in the morning of 28/7/2004, Ongtilu Tikhak went to drop her son Phurpa Tamang at school but when Phurpa returned from school, he did not find his mother at home. Next morning, one Megnath Gaur went towards the Saw Mill area for grazing cattle and then he noticed the body of a woman in a pool of blood and a deep gash on her neck. Megnath Gaur informed the matter to the Miao Police Station and the information was reduced into writing, and registered as Miao Police Station Case No. 25/2004 under Sec. 302 of the IPC and investigation commenced.
(3.) The Investigating Officer (IO for short) went to the place of occurrence (PO for short) and clicked photographs of the body and prepared a rough sketch map of the PO. Inquest was held in presence of witnesses and the body was identified by Bhokte Tamang as his wife, Late Ongtilu Tikhak. The body was then forwarded to the CHC, Miao for autopsy and thereafter, the body was handed over to the relative of the deceased for her last rites. The IO recorded the statement of the witnesses and on completion of investigation, the IO laid charge sheet against Ram Ghimire, Usha Ghimire and Deepa Ghimire under Ss. 302/201/34 IPC.