(1.) In this Appeal, the Appellant seeks to assail the judgment dated 14-03-2008 passed by the Learned Sessions Judge, South and West District at Namchi in Sessions Trial Case No.30 of 2004 by which he and Rudra Thapa, Accused No.1, were convicted for offences under Sections 302/201/379/34 of the Indian Penal Code (in short "IPC") and sentenced to undergo imprisonment for life.
(2.) (a). To state the prosecution case briefly, on 01-07- 2004 one Devi Prasad Sharma, priest of Kali Mandir, 16th Mile Jorethang-Melli Road, appeared at the Jorethang Police Station and orally informed that in the early morning of that day he saw a person lying on the cliff below the road in front of the Kali Mandir.
(3.) The Learned Sessions Judge, South and West Sikkim upon consideration of the materials on record by Order dated 16-10-2004, discharged Rajen Biswakarma, Accused No.3, for want of evidence against him but framed charges against Rudra Thapa, Accused No.1 and the Appellant for the offences punishable under Sections 302/201/379/34 IPC to which they pleaded not guilty and claimed trial.