MITRA PRASAD RAI Vs. STATE OF SIKKIM

JUDGEMENT

(1.) The appellant stands convicted under Section 302, IPC and sentenced to undergo imprisonment for life and to pay a fine of Rs. 10.000/- with a defaulting clause of imprisonment by the learned Sessions Judge (S & W) at Namchi vide judgment and order dated 8-11-2001 in Criminal Case No. 4 of 1996. The appellant has been further convicted under Section 201, IPC and sentenced to undergo imprisonment for 5 years and to pay a fine of Rs. 5,000/- with a defaulting clause of imprisonment. The substantive sentences of imprisonment are to run concurrently. Originally the appellant along with his brother-in-law (sister's husband) Manbir Rai was placed on trial in the Court of the Session Judge (S & W) at Namchi, The learned trial Judge by his judgment dated 30-9-2000 while acquitting the co-accused Manbir Rai of the charges, convicted and sentenced the appellant under Sections 302 and 201, IPC. The appellant challenged the said conviction and sentence in this Court in Criminal Appeal No. 1 of 2001. By judgment dated 11-6-2001 this Court set aside the aforesaid decision dated 30-9-2000 of the Sessions Judge and remitted the matter for retrial because the appellant was not given opportunity to cross-examine eight number of PWs. On remand the concerned PWs were cross-examined and the matter has been disposed of by the impugned judgment giving rise to the present appeal.

(2.) The thumb-nail sketch of the prosecution story runs as follows : Ramkumar Subba alias Pandit Maila (hereinafter referred to as the deceased) had married the appellant's sister Sumitra (PW14) of village Neyabram. The deceased was said to be a violent and quarrelsome person and he used to assault his wife Sumitra (PW14) often. The conduct of the deceased in assaulting his wife was very much resented by the appellant who wanted to teach a lesson to the former. In the intervening night of 1-5-1996 and 2-5-1996 the appellant was in drunken state and stabbed the deceased with a knife. When he found that the deceased had already died, he got nervous and with the connivance of Manbir Rai (since acquitted) and the approvers Jangabir Rai (PW15) and Phur Thendup Tamang (PW16) put the dead body of the deceased in a gunny bag and threw the same in the river Teesta. On the basis of the FIR (Exhibit 1) lodged by PW1 Mahendra Subba (brother of the deceased) investigation was taken up. In course of the investigation, the appellant made a judicial confession and Jangabir Rai (PW15) and Phur Thendup Tamang (PW16) turned as approvers. On completion of investigation, charge-sheet was filed and the appellant was placed on trial leading to his conviction as mentioned above.

(3.) The prosecution examined 25 witnesses to bring home the charges against the appellant.