PAWAN KUMAR RAI Vs. STATE OF SIKKIM

JUDGEMENT

(1.) this appeal is directed against the judgment and order dated 14th december, 2001 passed by the learned sessions judge (south and west districts), Sikkim at Namchi in Criminal Case No. 9 of 2001 convicting the appellant under Section 302, Indian Penal Code and sentencing him to undergo rigorous imprisonment for life and to pay a fine of Rs. 10,000/- (rupees ten thousand) only with defaulting clause of sentence.

(2.) the prosecution case unfolded from the fir and the evidence on record may be stated briefly as under : the appellant and Prem Kumar Rai (hereinafter referred to the deceased) were Co-Villagers being the residents of megyong under Kaluk P.S. in the west District of Sikkim. On the previous Night of the date of occurrence (the occurrence took place on 10th february, 2001) when PW14 Dhurbalal Rai, elder brother of the deceased had gone to attend a Marriage ceremony in the Village, the appellant called him and assaulted him without any rhyme or reason. On the date of the occurrence at about 7. P.M., the appellant along with his younger brother PW18 Binod Rai and a co-villager PW1 sukbir subba while returning home from yangsung, met the deceased and PW17 prakash rai in the Village. PW17 Prakash Rai asked the appellant as to why he assaulted PW14 Dhurbalal Rai on the previous night. The appellant replied that because PW14 Dhurbalal Rai Assaulted him, he had also assaulted him. In the meantime, they all reached the house of PW1 sukbir subba. PW17 prakash rai went inside the village to call one ashok subba an elderly villager to Settle the Dispute. PW1 sukbir subba also went inside his house to take his Food. The deceased, however, remained outside in the courtyard of PW1 sukbir subba. At this juncture PW18 Binod Rai shouted that his brother, i.e., the appellant, assaulted the deceased to death. On hearing the shout PW1 sukbir subba rushed to the spot and found that the deceased had .already succumbed to the injuries sustained by him and the appellant was absent from the spot.

(3.) on the basis of the fir lodged by PW8, man bahadur subba before the officer-in-charge, kuluk p.s. investigation was taken up and after its completion, the appellant was placed on trial leading to his conviction as aforesaid.