DECHEN LEPCHA Vs. STATE OF SIKKIM

JUDGEMENT

(1.) This Appeal assails the Judgment and Order on Sentence, dtd. 26/10/2021 and 28/10/2021 respectively, of the Learned Sessions Court, West Sikkim, at Gyalshing, in Sessions Trial Case No.01 of 2020.

(2.) The Appellant on 4/1/2020, having caused the death of his wife by assaulting her with a stone on her head, at Ramgaythang, West Sikkim, surrendered before the In-Charge, Yuksom Police Outpost, West Sikkim at around 1.40 p.m. and informed P.W. 3, the Assistant Sub-Inspector of Police (ASI), of the incident. P.W. 3 immediately took him into custody and reported the incident to P.W. 17, the Station House Officer (SHO), Gyalshing Police Station, who directed him to file a Report. P.W. 3 accordingly lodged Exhibit 7 at the Gyalshing Police Station at around 3.00 p.m. Gyalshing Police Station, Case No.01/2020, dtd. 4/1/2020, under Sec. 302 of the Indian Penal Code, 1860 (hereinafter, the 'IPC'), was then registered against the Accused/Appellant. P.W. 7 took up for the investigation and submitted Charge-Sheet against the Appellant under Sec. 302 of the IPC and Supplementary Charge-Sheet containing the Forensic Report.

(3.) (i). The Appellant pleaded 'not guilty' to the Charge under Sec. 302 of the IPC before the Learned Trial Court which led to the Prosecution examining seventeen witnesses to establish their case. The Appellant was afforded an opportunity to explain the incriminating evidence against him under Sec. 313 of the Code of Criminal Procedure, 1973 (hereinafter, the 'Cr.P.C'), where he denied having gone to the Yuksom Police Outpost, West Sikkim, but did not deny the evidence that appeared against him. Pursuant to the final arguments of the parties, the Learned Trial Court on consideration of the entire evidence, convicted the Appellant under Sec. 302 of the IPC and Sentenced him to undergo life imprisonment and to pay a fine of Rs.10,000.00 (Rupees ten thousand) only.