ARJUN RAI Vs. STATE OF SIKKIM

JUDGEMENT

(1.) .This appeal is directed against the judgment dated 8-7-2003 and order dated 16-7-2003 passed by the learned Sessions Judge (Special Division II), Sikkim in Criminal Case No. 3 of 2002 convicting the appellant under S. 302,I.P.C. and sentencing him to undergo imprisonment for life and to pay a fine of Rs. 500/- with a default clause of sentence.

(2.) The prosecution story emerging from the FIR and the evidence on record runs as follows : At the material time, the appellant was working as driver at Dikchu under National Hydel Project Corporation. Yaon Subba (hereinafter referred to as the deceased) was a writer Constable and was posted as in- charge of Bhusuk outpost. The deceased was living in the same house where the out-post was being housed. The father of the appellant was the owner of the said house. On 2-7-2001 at about 5.30 p.m. the appellant came to the out-post and had some heated discussion with the deceased. P.W. 1, a Constable who was on duty in the said out-post apprehended that the discussions might result in a fight and he was trying to pacify them. At that moment P.W. 1 was informed that there was a telephone call to him from Ranipool Police Station in the house of the Vice-President of East District Panchayat. He accordingly rushed to attend the telephone call. When he returned to the outpost after attending the telephone, he saw the appellant standing on the door-step of the room with a bamphok in his hand and the deceased was lying dead on the floor of the room in a pool of blood. On receipt of information from P.W. 1 about the incident the officer -in-charge of Ranipool Station Police arrived at the spot. P.W. 1 thereafter filed the FIR before him.

(3.) In order to bring home the charge against the appellant the prosecution examined 19 witnesses. Besides the oral evidence, prosecution also pressed into service the judicial confession (Exhibit 7) made by the appellant before the Judicial Magistrate P.W. 18. The appellant examined his brother as D.W. 1 to prove that at the relevant time he was at Dikchu.