DILLI RAM BASSNET Vs. STATE OF SIKKIM

JUDGEMENT

(1.) BY the judgment and sentence under appeal, appellant has been convicted of the offence of cheating punishable under section 417 of I.P.C., the offence of murder punishable under section 302 of I.P.C. and the offence of concealing the dead body of the deceased punishable under section 201 of I.P.C.

(2.) IN a written report address to the Chief Judicial Magistrate, South and West, but filed before Namchi Police Station, one Laxmi Prasad of Phongla submitted that one Dil Kumari Chhetri, a spinster, gave birth to a still born child at Namthang Primary Health Centre, South Sikkim, fathered by appellant. It was reported that Dil Kumari Chhetri and appellant fell within prohibited degree of marital relationship. As a result, they were ostracized from the village society. Thereafter, though appellant visited the village, but Dil Kumari Chhetri was not seen. This report led to an enquiry when appellant was questioned. On such questioning, appellant allegedly revealed that he was falsely implicated by Dil Kumari Chhetri, villagers forced him to accept the girl and he, thus, wanted to take revenge by killing the girl. Holding out to Dil Kumari Chhetri that she will be taken to a safe place, appellant took her to Rangpo, East Sikkim, after her discharge from the Primary Health Centre and thereafter, towards Upper Tarkhola, West Bengal, strangulated her by his crepe bandage, threw her dead body in a pit and covered the same by leaves and branches of trees. This enquiry resulted in registration of Namchi Police station Case No. 01 (01) 2002 dated 1st January, 2002 against appellant. In course of investigation, a statement of appellant was recorded under section 27 of the Evidence Act. Information contained in the said statement, led to discovery of skeletal remains, hair band, threated etc. Bones thus recovered and blood samples of near relatives of Dil Kumari Chhetri, namely of Smt. Ganga Chhetri and Smt. Renuka Chhetri were sent to Central Forensic Science Laboratory, Kolkata for D.N.A. matching. In course of investigation, written report of Durga Prasad Chlletri dated 17.7.1999, written report (agreement) given by appellant dated 18.7.1999, written agreement given by appellant and social boycott paper dated 20.7.1999 were seized from Shri Ravi Chandra/Rabindra Chhetri, a member of Chuba Parbing Gram Panchayat. In course of investigation, papers and records pertaining to Dil Kumari Chhetri were also obtained from Namthang Primary Health Centre. In the disclosure statement, following statements were made :

(3.) THE written report/agreement similarly seized from Ravi Chandra/Rabindra Chhetri, translated into English reads as follows :