PURNA BAHADUR CHHETRI Vs. STATE OF SIKKIM

JUDGEMENT

(1.) THIS is an Appeal against the order of conviction against the Appellant under Section 302 of the Indian Penal Code (in short "IPC") passed by the Learned Sessions Judge, Special Division ­ II, East Sikkim at Gangtok, in S. T. Case No.3 of 2010 by judgment dated 20-12-2011 (in short "the impugned judgment') resulting in him being sentenced to undergo rigorous imprisonment Rs. 5,000.00 and to further for life and to pay a fine of undergo simple imprisonment of 2 months in default of payment of the fine.

(2.) (a) As per the prosecution, Singtam P. S. Case No.03(1)10 dated 12-01-2010 under Section 302 IPC was registered against unknown persons by the O.C. Singtam Police Station on receipt of a written report from Nk 1425 Kul Bahadur Thapa, I/C Makha O.P, P.W.1, to the effect that at about 0815 hours of 12-01-2010, one Indra Bdr. Rai of Tungtar, P.W.5, appeared at the O.P. and gave verbal information of him having spotted one dead body of an unidentified women with head covered with stones above his house near a Crusher Machine which on verification was found to be true. (b) The consequential investigation taken up by him resulted in the circulation of a hue and cry message to O.Cs and I/Cs for identification of the dead body, seizure of various articles like stones, wearing apparels, a 'chunni' said to have been used for strangulating the deceased, etc. This was followed by the dead body being forwarded to the Medico-Legal Consultant at S.T.N.M. Hospital, Gangtok, for autopsy and its preservation for identification. During the autopsy, blood sample, MO- XXVII, vaginal swab, MO-XXVI and blood stained underwear, MO-XXIV of the deceased were collected for the purpose of forensic analysis. On 13-01-2010, the dead body was identified as that of Chandri Maya Chettri of Rabongla, South Sikkim, by her brother, Manorath Chettri, P.W.10. Based on the information received from P.W.10, the details of calls made from mobile number 9609854077 registered in the name of the deceased was requisitioned from Vodafone Communication Network, Gangtok, which revealed that the deceased was in frequent contact with an unknown person using Vodafone number 9609860655 on the day of the incident. It was later established that the second Vodafone number belonged to one Purna Bahadur Chettri, the Appellant, of House No.31/C, Yangyang Road, Manzing, South Sikkim. This led to the Appellant being rounded up and his mobile phone seized in presence of witnesses vide Seizure memo Exhibit 3. The prosecution story further goes on to state that the disclosure statement, Exhibit 8, of the Appellant under Section 27 of the Indian Evidence Act, 1872, led to the recovery of one brown rexin ladies handbag in wet condition, MO-XIV, which contained a used Nokia mobile charger with a missing PIN, MO-XV, a used Fair Ever cream, MO-XVI, used Lakme Nail Colour, MO-XVII and two Rudraksha Malas, MO-XVIII, from a rivulet at Chachang at Tungtar Busty that were seized vide Seizure Memo Exhibit 9. Further recovery was also made of one white rubber mobile keypad, MO-XIX, one used steel SIM holder/guard, MO-XX and one used battery lid of Nokia mobile from a paddy field near the Tanak bridge and seized vide Seizure Memo Exhibit 10. Recovery was also made of one Nokia battery, MO-XXII, one used mobile phone with missing pad, MO-XXIII, from below the Tanak Bridge, Makha, and seized vide Seizure Memo Exhibit 11. On 20-01-2010, when the Appellant was taken to his house at Manzing, Lingmo, South Sikkim, for further investigation, a suspected blood stained underwear, MO- XXV, was found concealed underneath the mattress of his bed which was seized for forensic analysis by Seizure Memo Exhibit 17 and later the blood sample, MO-XXVIII, of the Appellant was also collected. All these along with the vaginal swab, blood stained panty and the blood sample of the deceased were sent to CFSL, Kolkata, for forensic examination. (c) Investigation revealed that deceased, Chandri Maya Chettri, a spinster, and the Appellant, a married person, had got acquainted with each other since the first week of January, 2010, and later an extra marital affair developed between them and were in constant touch over phone. They ultimately met on 11-01-2010 at Rabongla Bazar at about 1100 hours and at about 1300 hours of the same day, they left together for Singtam on a hired taxi driven by Madan Kumar Rai, P.W.16. During the trip the Appellant disclosed to P.W.16 his intention to elope with the deceased. At about 1800 hours of the same evening they left for Makha on a taxi driven by P.W.12, Ganga Ram Gurung, and got off at Tanak, Makha, at about 2000 hours. It is further the case of the prosecution that the Appellant had intended to take the deceased as a second wife, a proposal which the deceased refused to accept. Having failed to persuade the deceased, the Appellant took her to an isolated place and strangulated her to death with the synthetic 'chunni' she was wearing and thereafter covered her head with stones. He then took the articles belonging to the deceased and threw them at different places, from where they were recovered on the basis of his disclosure statement, Exhibit 8, and returned home at Manzing Busty which is 10 kms. away from the place of occurrence. The opinion of the Medico-Legal Consultant disclosed that the death of the deceased was caused due to ante-mortem strangulation by ligature. On the basis of the evidence collected the accused was found prima facie to have committed the offence under Sections 302/201 IPC and charge-sheet was accordingly filed against him for his trial.

(3.) THE prosecution examined 21 witnesses in support of its case and the Learned Trial Court on completion of the trial found the Appellant guilty of the charges and accordingly convicted and sentenced him as already stated above.