NETRA PRASAD CHETTRI Vs. STATE OF SIKKIM

JUDGEMENT

(1.) BY this appeal the Appellant seeks to assail the judgment dated 19.08.2011 passed by the learned Sessions Judge, South and West Sikkim at Namchi in S.T. Case No. 13 of 2007 (referred to as 'the impugned judgment') by which the Appellant has been convicted and sentenced under Section 302 IPC.

(2.) THE case of the prosecution relevant for the purpose of this appeal is that on 25.03.2007 at about 1930 hours one Pabitra Chettri, resident of Dambudara, Namchi, lodged a written FIR stating that on that day at about 1730 hours when she had gone to the house of one Pradeep Rai to deliver milk she was informed that her sister and her husband were quarrelling. She then immediately called up her father to inform him of the matter but could not get through. On being advised by her neighbour Bishnu Chettri she proceeded for her sister's house and on the way she met her brother Shree Dhoj Chettri who informed her that their sister had died. On reaching there she found her sister lying dead on being assaulted by her brother-in-law, Netra Prasad Chettri, the Appellant. On this basis Namchi P.S. Case No. 16(3)07 dated 25.03.2007 under Section 302 IPC was registered against him and the case taken up for investigation.

(3.) UPON the arrest of the Appellant, the weapon of offence, namely, a wooden danda was recovered and seized in pursuance of his statement recorded under Section 27 of the Evidence Act, 1872. The investigation revealed that the Appellant and the deceased Geeta Chettri had been married for 8-9 years and had two children aged about 5 years and 8 years out of their wedlock. Eventually the Appellant became habituated to taking alcohol resulting in the couple having frequent quarrel and the deceased being beaten up repeatedly by the Appellant. Many of such altercations between the two were settled either by the Panchayat or the elders of the family and undertakings taken from the Appellant in desisting himself from repeating such acts against the deceased. The Appellant, however, continued with his drinking habits and the relation between him and the deceased deteriorated further. Relatives and neighbours intervening to resolve such disputes were abused by the Appellant. In the morning at about 1030 hrs of the fateful day, i.e., 25.03.2007, the Appellant and his deceased wife had gone to Lal Bazaar, Namchi, for making some purchases, during which time they had 'momo' and 'thukpa' and 3-4 pegs of rum each in a hotel and then purchased vegetables and ordered for a Kurta and Pyjama for the deceased and returned home at Dambudara. The accused then asked his wife to prepare food and went out for some work. When the Appellant returned and found the deceased sleeping with the food un-cooked, he woke her up and on her refusal, quarrel broke out between the two, which escalated to heated arguments. The enraged accused showered the deceased with fists and blows and hit her with his leather belt. When the buckle of the belt broke off, he picked up a wooden stick and hit the deceased on the head repeatedly resulting in her instantaneous death on the spot. The Appellant then changed the deceased of her blood stained cloth with fresh ones and washed the blood stained floor with water. He then threw the wooden stick (piece of fire wood) used by him in a nearby bamboo grove. The death of the deceased was discovered by the brother of the deceased, Shree Dhoj Chettri, when he visited the house and informed about it to the complainant, who in turn later lodged the FIR.