GOPAL CHETTRI Vs. STATE OF SIKKIM

JUDGEMENT

(1.) THIS appeal is directed against the Judgment dated 31.07.2010 in S.T. Case No. 16 of 2010 passed by the learned Sessions Judge, Special Division-I, Sikkim at Gangtok (hereinafter referred to as 'the impugned Judgment') by which the appellant stands convicted under Section 304 Part II IPC.

(2.) THE prosecution case is that on 15.03.2004 at 1100 hrs one Pintso Sherpa of Theng Busty (North) lodged a FIR stating that in the night of 14.03.2004 one Suklall Tamang of 86 RCC, GREF Labour Camp, was physically assaulted on the head with a sharp weapon by Gopal Chettri and Ramesh Chettri of the same labour camp at Theng Busty (North) and was evacuated to Chungthang Hospital for treatment. This led to the Chungthang Police Station case No. 1 (3)04 dated 15.03.2004 under Sections 326/34 IPC being registered against Gopal Chettri and Ramesh Chettri. Suklall Tamang later died at Mangan Hospital due to the injuries resulting in the case being converted to 302/34 IPC and investigation taken up.

(3.) THUS , a prima facie case under Sections 302/34 IPC having made out against the accused Kharka Nanda Chettri and the appellant Gopal Chettri, charge-sheet accordingly filed against them in Court. It is pertinent to note that the accused Kharka Nanda Chettri had been absconding and could not be apprehended even at the stage of the investigation and, therefore, change-sheet was filed against him as an absconder. The appellant denied the charges framed by the learned trial Court and claimed for being tried.