SHRI GHANASHYAM CHETTRI Vs. STATE OF SIKKIM

JUDGEMENT

(1.) BY filing this appeal the appellant seeks to assail the judgment dated 28.02.2011 passed by the learned Sessions Judge, Special Division-I, Sikkim at Gangtok in S.T. Case No. 15 of 2010 by which the appellant was convicted for offence under Section 302 IPC and sentenced to undergo imprisonment for life and to pay a fine of Rs.5,000/-, and in default of payment of fine, to undergo further imprisonment of one year.

(2.) STATED briefly, the case of the prosecution is that on 26.06.2005 at about 1730 hrs. the Singtam Police Station received a written complaint from one Bhim Bdr. Chettri, stating that in the evening of the same day at about 1630 hrs. he was informed by one Bhagirath Chettri of the same village that one Chatra Bdr. Chettri was grievously assaulted by his own brother Ghanashyam Chettri with a 'Churi', a sharp edged weapon, in the courtyard of one Ganesh Bdr. Chettri where he was lying covered with blood and that he had immediately informed the Singtam Police Station of the incident by telephone. That later the said Bhim Bahadur Chettri had appeared in the Police Station to register a written FIR for taking necessary legal action as the victim had succumbed to his injuries while being brought to the hospital. Based upon this, Singtam Police Station Case No. 25/2005 dated 26.06.2005 under Section 302 IPC was registered against the accused Ghanashyam Chettri and taken up for investigation.

(3.) IN pursuance of the disclosure statement of the accused Ghanashyam Chettri recorded under Section 27 of the Indian Evidence Act, 1872, the other weapon of offence namely, a crowbar ('Gaikhurey'), was recovered from the field at a distance of about 8/9 feet below the place of occurrence, which was seized in presence of witnesses. All available witnesses were examined and their statements recorded under Section 161 Cr. P.C.