MANI KUMAR RAI Vs. STATE OF SIKKIM

JUDGEMENT

(1.) This appeal is directed against the judgement dated 28.11.2019 passed by the learned Sessions Judge, South, Namchi in S.T Case No.05/2017 convicting the appellant under Section 302 IPC and sentencing him to suffer imprisonment for life and to pay a fine of Rs.10,000/-. By the judgement under appeal, compensation of Rs.50,000/- was also directed to be paid to the wife of the deceased under Sikkim Compensation to Victims or his Dependants Scheme, 2016 by the Sikkim State legal Service Authority.

(2.) On 15.06.2017, Kinga T. Bhutia (PW-25), who at the relevant point of time was posted as Station House Officer (SHO), Jorethang Police Station (P.S), registered Jorethang P.S U.D case No.07/2017 under Section 174 Cr.P.C on the basis of a complaint made by Kharga Maya Manger (PW-13), Ward Panchayat, Upper Wok to the effect that one Krishna Prasad Rai was found lying dead with face downwards at Forest Area, Upper Wok and he endorsed the U.D Case to Sub-Inspector Prashant Rai (PW-20). PW-20 had proceeded to the place of occurrence (P.O) and had started investigation. However, as it was about 09.00 pm, being dark, no further investigation could be carried out on that day. P.O was cordoned-off and inquest was conducted over the dead body of the deceased on the morning of 16.06.2017 in presence of Kharka Maya Manger (PW-13) and Mani Kumar Subba. Inquest Report (Exhibit-5) was prepared indicating the injuries noticed. A rough sketch map (Exhibit-17) was drawn. Blood stains found in the kutcha foot path and some items found near the P.O were seized vide Exhibit-16 in presence of Prakash Manger (PW-15) and Dhan Bahadur Rai (PW-18). After inquest was done, PW-20 forwarded the dead body for postmortem examination, initially to District Hospital Namchi and later on, to STNM Hospital Gangtok because of non-availability of Medico Legal Specialist at District Hospital, Namchi. Post-mortem on the deceased was conducted on 16.06.2017 by Dr. O.T Lepcha (PW-09) and Medico Legal Autopsy Report (Exhibit-10) was prepared by him and he had also handed over to the Investigating Officer (I) clothing (ii) blood in filter paper (iii) hair and (iv) nail clippings of the deceased to the Investigating Officer.

(3.) Coming to the conclusion that cause of death of Krishna Prasad Rai was unnatural and homicidal, an FIR (Exhibit-18) was lodged by PW-20 before the SHO, Jorethang P.S stating the above facts. Accordingly, Jorethang P.S case No.30/2017 under Section 302 IPC was registered against unknown persons and the case was endorsed to Jigmee W. Bhutia (PW-24). PW-20 handed over the seized articles and the related documents to SHO, Jorethang P.S and charge of investigation was taken over by PW-24. He examined witnesses and based on the revelations made the appellant was arrested vide Exhibit-31 on 16.06.2017 at 06.50 p.m.