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. (b) Investigation revealed that the victim Sushila Sharma and the Appellant Ashok Pokhrel were married for 2 years, both unemployed, had a son aged about 6 months old and lived at Central Martam, West Sikkim. The relation between them became strained when the victim learnt of the Appellant having illicit relationship with a girl from the locality resulting in frequent quarrels between them. On 07-03-2006, the Appellant returned home at about 1000 hrs. after collecting fodder for the cattle and had his lunch and after some rest went towards the field at about 1300 hrs. to tend to his cattle asking his wife, the victim, to follow him for collecting firewood. After finishing her household chores, the victim left for their dry field below a bamboo grove situated at a distance of about 600-700 feet from their house at about 1430 hrs. carrying a doko' (a bamboo basket) where she collected firewood. When she was returning home carrying the firewood loaded in the doko', she met the Appellant on the way who asked her to rest for a while. He then asked her to accompany him to the bamboo grove where he over-powered her and after pouring kerosene oil over her body set her on fire which also caught on the dried leaves that caused the fire to spread in the jungle. The Appellant then went to his house to give an impression that he was at home during the time of the incident. After about 10- 15 minutes, one 11 years old boy, Rajen Chettri, P.W.24, informed the Appellant's mother, Durga Devi Sharma, P.W.12, about the fire presence of the Appellant. The Appellant feigning ignorance of the incident proceeded for the spot and on the way met Amrit Kumar Chettri, P.W.4, who followed the Appellant. When they reached the spot they found the severely burnt victim standing with the help of a bamboo. Leaving the Appellant at a distance of about 12 feet away from the victim P.W.4, Amrit Kumar Chettri, left the place to call others for help. The villagers who later arrived at the place arranged for a vehicle and evacuated the victim to hospital and was given first aid at Jorethang PHC at about 2030 hrs. From there she was referred to Namchi Hospital but her relatives chose to take her to CRH, Tadong, where she was immediately admitted. The Appellant did not bother to accompany the victim and remained at home. (c) Investigation further revealed that on 03-03- 2006 the Appellant had purchased a bottle of kerosene oil from the shop of one Nanda Ram Chettri, P.W.5, at Martam, which was the first time that the Appellant had made such a purchase. As requisitioned by the Investigating Agency, the SDM, Gangtok, Kincho Doma Lepcha, P.W.14, recorded the statement of the victim under Section 32 of the Indian Evidence Act, 1872, (in short the Evidence Act) in which she stated that her husband, the Appellant, had tried to kill her by pouring kerosene oil over her due to the frequent quarrel between them and that he was planning to have a second wife. Later the victim succumbed to her injuries leading to the case being converted to one under Sections 302/498A IPC. (d) Having found sufficient material against the Appellant for committing an offence under Sections 302/498A IPC charge-sheet was accordingly filed against him.

(3.) IT is relevant to note that on 13-03-2012 during the course of hearing it was brought to the notice of this Court by Mr. Karma Thinlay Namgyal, Learned Additional Public Prosecutor, that the report of the C.F.S.L. though received by the Investigating or Prosecuting Agency in the month of August, 2010, could not be produced before the Learned Trial Court for some reason and in the meantime the judgment came to be delivered by the Learned Trial Court. The Learned Additional Public Prosecutor submitted that since those reports were relevant for the purpose of the case it was essential for those to be brought on record and accordingly sought for leave of this Court to do so. In view of this, the Learned Additional Public Prosecutor was permitted to make a proper application which we later allowed directing the Learned Trial Court to take necessary steps in that regard and submit a report. Upon receipt of the report the matter was taken up for further hearing on 19-06-2012.