KEWAL RAI Vs. STATE OF SIKKIM

JUDGEMENT

(1.) The learned Sessions Judge, District Court at Namchi, South Sikkim (learned Sessions Judge), has convicted the appellant for culpable homicide not amounting to murder, attempt to murder and for voluntarily causing hurt by a knife in Sessions Trial Case No. 09 of 2016 (State of Sikkim v. Kewal Rai), on 28.09.2019. He was sentenced to simple imprisonment of 10 years and a fine of Rs.10,000/-, 5 years and a fine of Rs.5000/- and 1 year and a fine of Rs.2000/- for each of the offences, respectively. The judgment of conviction and order on sentence, both dated 28.09.2019, are assailed by the appellant.

(2.) Heard Mr. Jorgay Namka, learned Legal Aid Counsel for the appellant and Dr. Doma T. Bhutia, learned Public Prosecutor, for the respondent.

(3.) Mr. Namka submitted that the evidence produced by the prosecution does not establish the case under sections 304 II and 307 IPC. He further submitted that as the appellant has been found not guilty of the charge under section 302 IPC, he could not have been, in any case, convicted under section 307 IPC. It was argued, at the most, the appellant could have been convicted for causing grievous hurt. The learned Public Prosecutor, on the other hand, submitted that the prosecution has been able to lead cogent evidence and all the ingredients of the offences have been duly established beyond all reasonable doubt. She relied upon the judgment of the Hon'ble Supreme Court in the State of M.P. v. Deshraj and Anr., (2004) 13 SCC 199 in which it was held that conviction under section 304 II IPC would be proper as there was a sudden quarrel and death was caused as a result of the injuries inflicted.