GOMPU LEPCHA Vs. STATE OF SIKKIM

JUDGEMENT

(1.) THIS appeal arises from the judgment and order of the learned Sessions Judge, East and North Sikkim at Gangtok convicting the appellant under Section 304 Part II of the Indian Penal Code and sentencing him to rigorous imprisonment for a period of six years and also to pay a fine of Rs. 10.000 and in default of payment of fine to undergo further rigorous imprisonment for six months.

(2.) THE appellant Gompu Lepcha and his wife Smt. Lata Chettri were charged by the learned Sessions Judge under Section 302 read with Section 34 of the Indian Penal Code for causing the death of Gurmit Bhutia in furtherance of their common intention. The learned Sessions Judge acquitted Lata Chettri and no appeal has been filed by the State against her acquittal.

(3.) THE appeal came up for hearing initially on 28 -3 -2001 when the court expressed the doubt as to whether the case which was covered under Exception 4 to Section 30.0., Indian Penal Code could be covered under Section 30.4 Part II. Furthermore, a doubt was expressed whether the circumstances exist where the 'case could' be covered even under Exception 4 to Section 300. So, notice was issued to the appellant to show cause why the conviction from Section 30.4 Part II. I.P.C. should not be converted to Section 302 IPC and sentence be enhanced accordingly. I have heard Shri A.K. Upadhyaya for the appellant and Shri N.B. Khatiwada. Additional Public Prosecutor for the State on the appeal and also on the notice as to enhancement of sentence.