RANJIT ROY Vs. STATE OF SIKKIM

JUDGEMENT

(1.) This appeal filed on behalf of the two appellants is directed against the judgment dated 31st December, 2002 of the learned Sessions Judge (E and N), Sikkim at Gangtok in Criminal Case No. 31 of 2001 convicting them under Ss. 302/ 380/34, I.P.C. Both of them have been sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 2.000/- (Rupees two thousand) each under Ss. 302/34, I.P.C. They have also been sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs. l.000/- (Rupees one thousand) each for the offence under Ss. 380/ 34, I.P.C. Both the sentences are to run concurrently.

(2.) The prosecution case is as follows : At the relevant time Monorama Devi (hereinafter referred to as the 'deceased') was residing near Metro Point, Gangtok in a rented house with her husband Lalan Prasad P.W. 1 and two sons Ranjit P.W. 2 and Raju P.W. 3. In June, 2001 the deceased sub-let one room to Shibu P.W. 4. The said room was being shared between Shibu P.W. 4 and appellant No. 2-Durga Roy. In the latter part of June, the appellant No. 2-Durga Roy went to New Jalpalguri and came back on 2nd July, 2001 with the appellant No. 1-Ranjit Roy who started living in the same room with appellant No. 2-Durga Roy as his guest. Both the appellants used to take food in Hotel Diamond, Lall Market, Gangtok. On 5th July, 2001 appellant No. 1-Ranjit Roy received a telephonic message to the effect that his mother was seriously ill and he should return home immediately. He could not go home as he had no money. On the next day, i.e. 6th July, 2001 both the appellants in pursuance of their common intention entered the room of the deceased and caused her death by strangulating her neck using a strip of cloth as a weapon of offence. They also committed theft of a Sitco wrist which belonging to Lalan Prasad P.W. 1 and cash of Rs. 2,300/- and fled away to New Jalpaiguri where both of them were arrested.

(3.) The plea of the appellants was one of denial.