LOK BAHADUR DAHAL Vs. STATE OF SIKKIM

JUDGEMENT

(1.) By this Appeal the Appellant seeks to assail the judgment dated 21-09-2011 passed by the Learned Sessions Judge, South and West Sikkim at Namchi in S. T. Case No.8 of 2007 by which he stood convicted for having committed an offence under Section 300 of the Indian Penal Code (in short "IPC") punishable under Section 302 IPC and sentenced to undergo imprisonment for life and to pay a fine of Rs. 3,000/-.

(2.) (a). The prosecution case, so far as it is material for disposal of this Appeal is that on 04-11-2006, the Officer-in-Charge, Gyalshing Police Station, P.W.17, was informed by the In-Charge, Tashiding Police Out Post, that one Indra Bahadur Dahal, P.W.1, had submitted a written FIR stating that at about 1200 noon of the same day one Sunil Darjee, P.W.7, Jag Bahadur Gurung, P.W.8 and Suk Bir Kami, P.W.9, had come to his house and informed him that his elder son, the Appellant herein, had killed his youngest son, the deceased, with a 'khukhuri' (a sharp edged weapon) at Chongrang Kongri Road, Thangchung (West Sikkim), and that since the information on verification was found to be correct he requested for legal action against the Appellant. Based upon this information, Gyalshing P.S. Case No.40(11)06 dated 04-11-2006 was registered against the Appellant under Section 302 IPC and investigation taken up.

(3.) Having found prima facie case against the Appellant, charge-sheet was filed against him for offence under Section 302 IPC and accordingly sent up for trial.