DEEPAK RAI Vs. STATE OF SIKKIM

JUDGEMENT

(1.) This appeal is preferred under Section 374(2) Cr.P.C against the judgment dated 30.05.2019, whereby, while acquitting the appellant of the offence under Section 307 IPC, he was convicted under Section 326 IPC, and the Order of Sentence dated 30.05.2019, whereby he was sentenced to undergo simple imprisonment for a period of one year and to pay a fine of Rs. 1000/-, in default of the payment of fine, to undergo further simple imprisonment of one month.

(2.) One Dhiren Rai had filed a First Information Report (FIR) before the Station House Officer, Namchi on 19.08.2017 stating that at around 01.00 AM, his friend Raja Mukhia had come to his place and had verbally informed him that one of their friends, namely, Pranay Rai, was assaulted by unknown person at Dambudara on 18.08.2017 at around 11.00 pm and as a result of the same he had sustained cut injuries on the right side of neck and that he had been referred to Central Referral Hospital (CRH), Manipal, Tadong, Gangtok. On receipt of the FIR, Namchi Police Station Case No.41/2017 was registered under Section 325 of the IPC and the case was endorsed to Sub- Inspector Sunil Rai for investigation. The investigation had commenced and the appellant was arrested on 21.08.2017. On conclusion of investigation, finding that a prima facie case under Section 325 IPC was made out against the appellant, charge-sheet was submitted on 27.11.2017.

(3.) During trial, the learned Chief Judicial Magistrate, South Sikkim, on being satisfied that, prima facie, there is material for the offence of attempt to murder under Section 307 IPC and accordingly, sent the records to the Court of learned Sessions Judge, South Sikkim, and accordingly, Sessions Trial Case No.03/2018 was registered.