CHANDRA SHEKAR SUBEDI Vs. STATE OF SIKKIM

JUDGEMENT

(1.) The appellant has been convicted under section 302 IPC by the learned Sessions Judge (E & N) Sikkim at Gangtok in Criminal Case No. 21 of 2001 for having committed murder by intentionally causing the death of his wife Manju Subedi and sentenced to undergo imprisonment for life and to pay a fine of Rs. 5,000.00 with a default clause of sentence.

(2.) The prosecution case is as follows: The appellant, a constable in the Sikkim Armed Police was posted in the office of A. D., S. I. B., Balwakhani during March, 2001. Manju Subedi (hereinafter referred to as the deceased) was his second wife. She was getting a sum of Rs. 1,500.00 as her monthly maintenance which was being deducted from the salary of the appellant. On 11/3/2001 at about 3.30 p.m. the deceased went to the office of the appellant along with Amrita (PW7) and met the appellant in the guard room. At that time, the appellant was on his bed and his colleagues were playing cards in the adjoining room. The appellant and the deceased were heard having serious discussion over the amount of maintenance. After sometime, hearing some hulla (commotion) constable PW5 on being instructed by constable PW3 entered into the other room and found the deceased lying dead on the bed of the appellant with injury on her throat caused by a knife which was still embedded and the appellant was found sitting near the deceased. The prosecution examined 16 witnesses in order to bring home the charge against the appellant.

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