ASHOK POKHREL Vs. STATE OF SIKKIM

JUDGEMENT

(1.) This Appeal is directed against the judgment dated 10-09-2010 passed by the Learned Sessions Judge, South and West Sikkim at Namchi in S. T. Case No. 12 of 2006 by which the Appellant, Ashok Pokhrel, was convicted and sentenced under Section 302 of the Indian Penal Code (in short ?IPC?) for having committed the murder of his wife, Sushila Sharma, on 07-03-2006.

(2.) (a). Shorn of all details, the case of the prosecution is that, on 09-03-2006 a FIR was lodged at Gangtok Sadar Police Station by one Jai Narayan Bhattarai, P. W. 1, resident of Lower Samdong, East Sikkim, stating that his daughter Sushila married to one Ashok Pokhrel of Hee Bermiok, West Sikkim, who is the Appellant herein, was set on fire after being poured with kerosene oil over her body by her husband in the bamboo grove nearby her home causing serious burn injuries to her and was admitted at the CRH, Tadong, East Sikkim. Sadar P. S. Case No. 33 of 2006 dated 09-03-2006 under Sections 307/498A IPC was registered against the Appellant and transferred to the Kaluk Police Station, West Sikkim where Kaluk P. S. Case No. 4 of 2006 dated 09-03-2006 under Sections 307/498A IPC was registered against the Appellant and the case taken up for investigation.

(3.) (a). The Learned Trial Court also framed charges against the Appellant under Sections 302/498A IPC having found that a prima facie case had been made out against him for having committed the offences to which the Appellant pleaded not guilty and claimed trial.