LALL BAHADUR RAI Vs. THE STATE OF SIKKIM

JUDGEMENT

(1.) Appellant, Lall Bahadur Rai, has been convicted under Section 304 Part II of the IPC and sentenced to undergo SI for 3 years and to pay fine of Rs.5000/- with default sentence of SI for 6 months by the Principal Sessions Judge, East Sikkim at Gangtok, on 23.05.2014 in ST Case No.60/2013.

(2.) The facts, briefly stated, are as under:-

(3.) Mr. Udai P. Sharma, learned Legal Aid Counsel appearing on behalf of the appellant, has argued that the circumstances set forth by the prosecution were not fully established; the circumstances were not of conclusive nature and tendency; the evidence of the doctor would suggest that it may be a case of accidental death while taking bath, therefore, the conviction cannot be sustained.