ARBIND CHETTRI Vs. STATE OF SIKKIM

JUDGEMENT

(1.) This appeal is directed against the judgment dated 13-8-2001 and order dated 28-8-2001 passed by Dr. S. W. Lepcha, Sessions Judge (East and North) in Criminal Case No. 7 of 2000, convicting the appellant under Sections 302 and 324, IPC and sentencing him under Section 302, IPC to undergo imprisonment for life and to pay a fine of Rs. 1000/-, in default to undergo further rigorous imprisonment for six months and under Section 324, IPC to undergo rigorous imprisonment for six months. All the sentences were to run concurrently.

(2.) The prosecution case briefly stated is as follows :- On 15-10-1999, at 2300 hrs. the appellant along with his friend Banju Lachenpa, the deceased forced their way into the guest room in the first floor of Government Institute of Cottage Industry (GICI) building at Lachen by breaking open the latch of the door which was bolted from inside. Beth of them were under the influence of liquor. After entering the guest room, the appellant and the deceased requested the trainee girls who were staying there, to play music in the tape-recorder so that they could have a dance. But the trainee girls expressed their inability to oblige saying that if they did so the Technical Baboo, the in-charge of the G1C1 will be disturbed and get angry. Upon this, the deceased asked the appellant to go the In-charge who was residing in another room of the same building and to seek permission. As the appellant was proceeding and nearly reaching the door of the room, he was prevented by the trainee girls from proceeding further and led him to the cot where the deceased was sitting and made him sit by his side on the cot. After sometime, the deceased told the appellant that the trainee girls would not be playing music in the tape-recorder and asked the appellant to leave with him to go to bed, but the appellant showed his reluctance to leave. He rather expressed his desire to dance for half-an-hour or otherwise he would sleep in the guest room itself. At this the deceased asked the appellant to keep his mouth shut. This suddenly enraged the appellant who sprang up from the bed and seized the deceased by his chin which led to a scuffle between them. In the scuffle that ensued, the appellant gave the deceased a knife blow on the left side of his chest with the knife which he was carrying on the right side pocket of his pants. After stabbing the deceased, the appellant ran towards the door, but the deceased intercepted and grabbed the appellant from his back and dragged him along the corridor towards the side wall of the VIP room where the deceased assaulted the appellant with fist blows on his face. The appellant who was still carrying the knife on his right hand at that time gave a knife blow on the left chest of the deceased. The knife penetrated the heart of the deceased and he collapsed and fell down in front of the VIP room door. Seizing this opportunity, the accused fled away from the place of occurrence. In the scuffle, Miss Sonam Lachenpa, PW2 sustained injuries on her right hand palm and left hand shoulder while intervening to separate the two fighting friends.

(3.) On the basis of the FIR filed by Kaden Lachenpa, brother of the deceased, a case was registered and investigation, was taken up. On completion of the investigation, the appellant was placed on trial.