CHANDRA BAHADUR BASNETT Vs. STATE OF SIKKIM

JUDGEMENT

(1.) BY filing this Appeal the Appellant seeks to assail the judgment dated 30-08-2011 passed by the Learned Sessions Judge, Special Division ­ II, East Sikkim at Gangtok in Sessions Trial Case No.13 of 2010 (hereinafter referred to as the "impugned judgment") by which he was convicted and sentenced under Section 302 of the Indian Penal Code (in short "IPC") to undergo simple imprisonment for life and a fine of Rs.3,000/- in default of payment of which to undergo further imprisonment for 2 (two) months.

(2.) (i) The genesis of the case is a written FIR lodged on 21-01-2010 by one Head Constable Padam Bahadur Chettri, P.W.1, of Namcheybong Busty at the Pakyong P.S. whereby it was stated that his elder brother Jas Bahadur Chettri was found murdered by some unknown person with a sharp edged weapon at Lall Turning. As a consequence of this Pakyong P.S. Case No. 02(01)10 dated 21-01-2010 was registered and the case taken up for investigation. (ii) During the course of investigation, the Investigating Officer inspected the place of occurrence and conducted inquest over the dead body and found cut injury on the right and left side of the neck. The blood stained soil and the controlled sample soil were collected from the place of occurrence and the body forwarded to the S.T.N.M. Hospital, Gangtok for post- mortem examination. Secret sources were deployed in the village to collect information. The suspect, Chandra Bahadur Basnett who is the Appellant herein, was apprehended by the Police at Ranipool and brought to the Pakyong P.S. for interrogation. During the interrogation, the Appellant admitted to the commission of murder of the deceased Jas Bahadur Chettri in the evening of 20-01-2010 at about 1920 hrs. by assaulting him with a sharp edged weapon in the village on the C.C. footpath just above his house. He then disclosed that he had kept the weapon of offence, i.e., 'Bamphok' (a sharp edged weapon), in the kitchen of his house and had concealed the blood stained black coloured jacket worn by him at the time of the commission of offence in the ceiling of his house. This statement was duly recorded under Section 27 of the Indian Evidence Act, 1872 (in short "the Evidence Act") in presence of witnesses after which the investigation team along with Appellant and the witnesses, went to the house of the Appellant and recovered the weapon of offence and blood stained black coloured jacket from the ceiling of the kitchen at the instance of the Appellant which were duly seized as Exhibits. Wearing apparels of the deceased including the viscera and the blood sample of the deceased seized at the mortuary of the S.T.N.M. Hospital were sent for C.F.S.L. analysis. In the post- mortem report, the death of the deceased was stated to be due to multiple incised injury on his head and neck caused by sharp heavy cutting weapon. (iii) The investigation revealed that on 20-01- 2010, the Appellant Chandra Bahadur Basnett who was inside the toilet, heard Jas Bahadur Chettri shouting uttering obscene words which he thought was directed at him. When the deceased who was in a drunken state saw the Appellant, he sought his help to reach his home which the Appellant refused to comply and instead headed for his home. The deceased then started shouting again using filthy words which enraged the Appellant. In a fit of such rage he went straight to the kitchen of his house, picked up a 'Bamphok', returned to the place and assaulted the deceased several times on his neck causing him to collapse on the C.C. footpath. The Appellant then dragged the deceased by catching hold of his feet and threw him in a ditch covered by bamboo bushes. The Appellant then went to his house, washed the weapon of offence and, after keeping it in the kitchen, went to the T.V. room and slept with one boy named Bhim Tamang, P.W.2, of the same village. In the early morning of the next day, i.e., 21-01-2010 at about 0230/0330 hrs., the Appellant most stealthily left his house unnoticed by his family members including the said Bhim Tamang in order to make his escape to Siliguri, West Bengal. He first went to Nandok Busty on foot to meet the Area MLA who gave him Rs.100/-. The money being insufficient, he changed his plan and returned back home at Lall Turning, Namcheybong at about 1300 hrs. on the same day and pretended to help the villagers in the funeral of the deceased Jas Bahadur Chettri. He was later apprehended by the police at Ranipool Bazar and brought to the Pakyong P.S. for interrogation resulting in his admitting to the commission of the murder of the deceased by assaulting him with a sharp edged weapon.

(3.) THE Appellant pleaded not guilty to the charge under Section 302 IPC framed by the Learned Trial Court and claimed for trial.