STATE OF SIKKIM Vs. TENZING BHUTIA

JUDGEMENT

(1.) This appeal by the State is against the judgment dated 30.11.2017 passed by the learned Sessions Judge, South Sikkim at Namchi, acquitting the accused of the offences under Section 302/449 IPC on benefit of doubt.

(2.) Sonam W. Bhutia (PW-1), Ward Panchayat of 02-Nambong Ward had lodged a first information report (FIR)before the Station House Officer, Temi Police Station on 13.08.2016 stating that she had received information to the effect that wife of Santosh Rai (PW-16) was murdered. Accordingly, Temi Police Case No.20(8)/16 under Section 302 IPC was registered.

(3.) Evidence on record discloses that the deceased, namely, Durga Rai was found dead in the courtyard of her house with blood all over her body. A sickle was found near the dead body.