TSHERING LEPCHA Vs. STATE OF SIKKIM

JUDGEMENT

(1.) BY this appeal, the appellant seeks to assail the judgment of the learned Sessions Judge, South & West Sikkim at Namchi, dated 30 -03 -2002 passed in Criminal Case no. 17 of 2000, by which the accused/appellant was convicted for offence under Section 302 of the Indian Penal Code (in short "IPC") and sentenced to undergo imprisonment for life with fine of Rs.10,000/ - and in default of payment of fine to undergo further imprisonment for 6 months.

(2.) THE facts of the prosecution case stated in brief are as under: - In the morning of 06 -08 -2000 at 0615 hrs., the Officer -in - Charge, Temi Police Station, received a written complaint from one Pentok Lepcha, resident of Dong Busty under Niz Ramyang Gram Panchayat, South Sikkim, stating that in the afternoon of 05 -08 - 2000 at about 3/4 p.m., his brother Tshering Lepcha of the same place, killed his wife Phurmit Lepcha and youngest daughter Sonamit Lepcha with an iron knife. Based on this, Temi Police Station Case no.4(8)2000 dated 06 -08 -2000 under Section 302 IPC was registered against the accused for the murder of his wife Phurmit Lepcha and daughter Sonamit Lepcha and the case taken up for investigation.

(3.) LATER in the evening, the complainant, Pentok Lepcha reported of the incident to the In -Charge, Bermiok Police Out Post and returned to his village. The In -Charge Bermiok Out Post ASI, Sangey Bhutia, reported of the matter to the Officer -in -Charge Temi Police Station by wireless who directed him to proceed to Dong Busty immediately for verification and to take suitable measures. The police personnel reached Dong Busty late in the night, where they spent the night accompanied by other villagers guarding the place of occurrence, the accused person and the dead bodies of the victims. The complainant went to the Temi Police Station early in the morning of the following day and submitted a written complaint regarding the incident based on which case under Section 302 IPC was registered and investigation carried out.