MANI RAJ RAI Vs. STATE OF SIKKIM

JUDGEMENT

(1.) This Appeal is directed against the impugned judgment dated 30-07-2012 of the Learned Sessions Judge, South and West Sikkim at Namchi in S. T. Case No.02 of 2010, by which the Appellant, Mani Raj Rai, was convicted for offence under Section 302 of the Indian Penal Code (in short the "IPC") and accordingly sentenced to undergo simple imprisonment for life and a fine of Rs.3,000/- (Rupees three thousand) only and to undergo further imprisonment of 2 months in the event of default of payment of the fine.

(2.) The genesis of the case against the Appellant is a First Information Report (in short the "FIR") lodged by the Appellant's elder brother, Raj Kumar Rai, P.W.1, in the Jorethang Police Station, South Sikkim, to the effect that his youngest brother, the deceased, had succumbed to an injury on the neck caused by a 'khukuri' blow inflicted by his second brother, the Appellant, in the night of 26-11- 2009. Investigation of the case registered under Section 302 IPC against him culminated in the filing of a chargesheet under that offence in the Court of the Learned Sessions Judge, South and West Sikkim at Namchi. After the trial, the Appellant having been found guilty of the offence was convicted and sentenced as already set out earlier.

(3.) (I). The facts of the prosecution case germane for consideration in this Appeal is that the Accused/Appellant, Mani Raj Rai and the deceased, Anil Rai, second and the youngest siblings of the three in their family, were humble farmers, married and living in a joint family. The eldest of the siblings, P.W.1, Raj Kumar Rai, who had lodged the FIR, had his own establishment and living separately. At the material time, the wife of the deceased, Shanta Kumari Rai, P.W.10, was in possession of Rs.500/- (Rupees five hundred) only that belonged to her husband, Anil Rai. On 26-11-2009 both these persons and two other boys in the locality, Tika Ram Rai, P.W.3 and Subhas Rai, P.W.18, were engaged in extracting "kalo dal" (locally grown pulse) in the paddy field. In the midst of the work at about 1600 hours the Appellant went to the house and asked P.W.10 to lend him Rs.200/- (Rupees two hundred) only but after consulting her deceased husband she gave him only Rs.100/- (Rupees one hundred) out of Rs.500/- (Rupees five hundred). P.W.10 followed by the Appellant then returned to the field where she handed over the balance of Rs.400/- (Rupees four hundred) to her deceased husband. While at work the Appellant again asked the deceased to lend him Rs.100/- (Rupees one hundred) more but the deceased refused to accede to this. When they returned home with three bags of "kalo dal" extracted during the day the Appellant still persisted with his request for Rs.100/- (Rupees one hundred) only from the deceased who finally gave him that amount. The Appellant then left the house without eating the food offered to him threatening the deceased with dire consequences and went to the house of one Kumar Rai, P.W.17, where he consumed four bottles of locally brewed alcohol and returned home at around 1100 hours. On reaching the house, the Appellant picked up the sacks of "kalo dal" harvested during the day and spilled them all over the verandah. On hearing the noise, the deceased Anil Rai came out of his room and thereafter an altercation followed between him and the Appellant. After the altercation had subsided, the deceased went to relieve himself during which time the Appellant went to the kitchen and returned with a 'khukuri' and struck the deceased with it on the neck resulting in the deceased bleeding profusely from the wound. Relatives and the people from the neighbourhood then rushed the deceased to the District Hospital, Namchi, South Sikkim, but on the way he succumbed to his injury.