(1.) This appeal is directed against the judgment and order dated 23rd June, 2003 of the learned Sessions Judge (E & N) Sikkim at Gangtok in Criminal Case No. 15 of 2000 by which the appellant stands convicted under section 302 IPC for committing murder by causing the death of Gautam Banerjee and sentenced to undergo imprisonment for life and to pay a fine of Rs.5,000.00 (Rupees five thousand) with defaulting clause of sentence.
(2.) Briefly stated, the prosecution case is as follows: At the material time, the appellant, a constable belonging to C.I.S.F. was on internal security duty at the Raj Bhawan, Gangtok. He was detailed for duty at Ghumti No.2 of the Raj Bhawan complex on 20th March, 2000 between 5 p.m. to 9 p.m. The Inspector Gautam Banerjee (hereinafter referred to as the deceased) at about 5.10 p.m. found the appellant loitering near gate No.2 instead of being on duty at Ghumti No.2. The deceased accordingly sent for the G.D. register from constable D. N. Mishra (PW2) and made an entry in the register about the late reporting of duty by the appellant. Sometime thereafter the appellant left his post and proceeded towards the barracks with his S.L.R. (self loading revolver) and ammunitions on the plea that he wanted to use the toilet situated there. He however went towards the office of the Asstt. Commandant and after locating the deceased there, fired at him with the S.L.R. which he was carrying with him. The deceased on being shot by the bullet fell on the ground and died instantaneously. After committing the offence, the appellant threw his S.L.R. and ammunitions and ran away. He was apprehended on the next day while trying to cross the Rangpo river on foot.
(3.) Although the appellant took a general plea of denial, he stated in his statement recorded under section 313 Cr.P.C. that when he was proceeding towards the toilet the deceased scolded and abused him by slang language and the incident took place due to sudden provocation.