DURGA PRASAD CHETTRI Vs. STATE OF SIKKIM

JUDGEMENT

(1.) The appellant is the sole accused in Sessions Case No. 11 of 2006 on the file of the learned Sessions Judge, South and West Sikkim at Namchi. The appellant questions the correctness of the judgment dated 23.12.2008 rendered in the said Sessions case, wherein the appellant was convicted for the offence punishable under Section 302 IPC on the charge that the appellant committed the murder of his younger brother Shiva Kumar Chettri on 26.02.2006. The charge against the appellant was that at about 3.30 p.m. on 26.02.2006 the appellant committed murder by intentionally causing death of Shiva Kumar Chettri of Damthang Dew Busty, South Sikkim, thereby committed an offence punishable under Section 302 IPC.

(2.) When the accused was questioned of the charges, the accused denied the same and pleaded that he was innocent, but falsely implicated in the case.

(3.) To prove its case, the prosecution examined 18 Prosecution Witnesses including the Investigation Officer. Out of them only 13 witnesses were examined as 5 witnesses were tendered by the prosecution, as they were close relatives of the accused and they were not relevant witnesses.