(1.) This appeal is preferred by the appellant against the judgment dated 21.11.2019 passed by the learned Sessions Judge, West Sikkim at Gyalshing in Sessions Trial Case No.02/2018 whereby the appellant was convicted under Section 302 of Indian Penal Code,1860 (for short, IPC). The learned Sessions Judge, Sikkim had sentenced the appellant to suffer imprisonment for life and to pay a fine of Rs.10,000/-.
(2.) It is also to be noticed that learned Sessions Judge, West Sikkim had awarded compensation to the minor daughter of the deceased and the appellant, who is aged about 13-14 years, a sum of Rs.1 lakh under Sikkim Compensation to the Victims or his Dependants Amendment Scheme, 2016.
(3.) The appellant is accused of mariticide. An FIR was lodged by one Naresh Chettri, Sub-Inspector of Police of Gyalshing Police Station before the Station House Officer(SHO), Gyalshing Police Station on 06.04.2018 at about 11:45 pm stating that on being directed, he had visited Yuksom Public Health Centre (PHC), and it was learnt upon enquiry that at around 09.45 pm, one Nima Tshering Lepcha was declared brought dead by the Medical Officer of PHC, Yuksam with alleged history of murder by his wife by poisoning him with rat poison and by assaulting him with wooden log on his head. On the basis of the said FIR, G.P.S Case No.17/2018 under Section 302 IPC was registered against the appellant and the SHO had taken up the investigation himself.
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