SANJAY SUBBA Vs. STATE OF SIKKIM

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 22nd October, 2003 passed by the Sessions Judge (Special Division-II), Sikkim at Gangtok in Criminal Case No. 5 of 2002 by which the appellant stands convicted under Section 302, IPC and sentenced to undergo imprisonment for life and to pay a fine of Rs. 5,000/- (Rupees five thousand) with defaulting clause of imprisonment.

(2.) The prosecution case is as follows : On 16th September, 2001, there was a football match between Decheling and Rongneck (Junior) teams at Chongey School ground. The match was won by Rongneck (Junior) team. After the match, there was some scuffle between the teams in which the accused Dawa Tamang (since acquitted under Section 232, Cr. P.C.) was assaulted by some members of Decheling team and the matter was settled at the intervention of the appellant. On the date of occurrence (18th September, 2001) the juvenile accused Vikram and Binoy while returning to their house after the school, were assaulted by some boys of Decheling. On hearing this, the appellant who is the brother of the aforesaid juveniles came to Decheling along with accused Dawa Tamang (as already noted acquitted under Section 232, Cr. P.C.) with a view to discuss and settle the misunderstanding among the boys. On reaching Decheling, the appellant searched the boys who had assaulted his two brothers. In the meantime, Sangay Paljor Bhutia (hereinafter referred to as the deceased) along with some other boys came for discussion with the appellant and there ensued hot discussions which later resulted in a scuffle. During the scuffle, the appellant stabbed the deceased with a knife and fled away towards Rongneck. The victim was immediately taken to STNM hospital by his relatives but he succumbed to his injuries on the way to the hospital.

(3.) It may be noted that the appellant and accused Dawa Tamang (since acquitted under Section 232, Cr. P.C.) along with Vikram and Binoy were sent up for trial. Since Vikram and Binoy were juveniles, their case was made over to the Juvenile Justice Court. As such, the appellant and accused Dawa Tamang (since acquitted under Section 232 Cr. P.C.) stood their trial.