LAWS(SIK)-2011-11-1

LAXUMAN MAHALY Vs. STATE OF SIKKIM

Decided On November 29, 2011
LAXUMAN MAHALY Appellant
V/S
STATE OF SIKKIM Respondents

JUDGEMENT

(1.) This Appeal has been filed against the judgment of the Learned Sessions Judge, Special Division II, East Sikkim at Gangtok dated 27-08-2010 (hereinafter referred to as the "impugned judgment") in Sessions Trial Case No.02 of 2010 by which the Appellant has been convicted under Sections 302/382 of the Indian Penal Code.

(2.) (i) The prosecution case, in brief, is that on 17- 09-2005 at 1145 hrs. one Tinku Tamang, P.W.3 of Pipalay Dara, Shanti Nagar, Singtam, appeared in person in the Singtam Police Station and lodged a verbal complaint to the effect that his parents Karna Bdr. Tamang, Chowkidar of ATTC staff quarters and mother Bishnu Maya Tamang who had gone to ATTC staff quarters at Shanti Nagar, Singtam along with one carpenter, namely, Laxuman, in the evening of 16-09- 2005 at about 2000 hrs., did not return home till the morning of the next date, i.e., 07-09-2005, when normally his mother used to be back home by 0900 hrs. every morning. When the complainant, P.W.3 and his relatives went looking for them in their quarters in the ATTC staff quarters, they found the door locked from outside. On their being suspicious, they broke it open and when they entered they found the inner room also locked. On breaking open that lock also and looking around they found the couple brutally murdered and their blood smeared body lying in the toilet covered with pillow and card board. Accordingly, Singtam P.S. Case No.40/2005 dated 17-09-2005 under Section 302 IPC was registered against unknown person and the case taken up for investigation.

(3.) Upon the charges under Sections 302/382 IPC framed by the Learned Sessions Judge, Special Division II, East Sikkim at Gangtok and read over to him, the Appellant pleaded not guilty and claimed for trial.