ARJUN RAI Vs. STATE OF SIKKIM

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 29.4.2003 passed by T.W. Bhutia, Sessions Judge, Special Division-IT, Sikkim at Gangtok in Criminal Case No. 9 of 2002 convicting the appellant under section 302 I.P.C. and sentencing him to undergo imprisonment for life and to pay a fine of Rs. 5,000.00 (with a defaulting clause of imprisonment) for having committed the murder of his wife, Maya Rai.

(2.) The case of the prosecution is as follows: The appellant at the material time was a police constable and was staying in a rented house with his wife and children at Burtuk. His landlady was Purnamaya Gurung (PW4). On 2/2/2002 in the evening at about 6 p.m. PW4 on hearing some noise like breaking of flower pots and banging of doors from the rented accommodation of the appellant came to find out as to what the matter was. On her arrival she found the door of the residence of the appellant was closed from inside and his children were outside and they were crying. PW4 knocked at the door and called the appellant but there was no response. Finding no other alternative she informed over telephone to the Sub-Inspector of Sadar Police Station, Gangtok, (PW1) to the effect that the appellant and his wife were quarrel-ling inside the house leaving their children outside. She requested him to send the police to the spot. On receipt of the said information PW1 made necessary entry in the station general diary and deputed Head Constable Pahalman Gurung, (PW2) and two other constables, Chandra Prasad Sharma, (PW3) and B.B. Tamang (PW5). On reaching they found that the door of the appellantTs house was bolted from inside and one window of the house was open. The Head Constable (PW2) peeped through the window and saw the appellant lying on his cot and his wife lying on the floor of the house. He then called the appellant and asked him to open the door. When the appellant opened the door, PW2 went inside and found that the appellants wife was lying on the floor dead having sustained multiple injuries on her body. PW2 by asking the other two constables PW3 and PW5 to stay there and guard the dead body returned to the police station and lodged the FIR Exhibit P-I. On the basis of the said FIR investigation was taken up and after its completion the appellant was placed on trial which has ended in his conviction as stated above.

(3.) The plea of the appellant was one of denial.