PANKAJ THAKUR Vs. STATE OF SIKKIM

JUDGEMENT

(1.) THE Appellant seeks to assail the judgment dated 30 -11 -2012 passed in S.T. Case No. 14 of 2010 by the Court of the Learned Sessions Judge, South and West Sikkim at Namchi by which he was convicted for the offences under Sections 302 and 353 of the Indian Penal Code, 1860 (in short the "IPC") and sentenced to undergo simple imprisonment for life under Section 302 IPC and to pay a fine of Rs. 500/ - (Rupees five hundred) and, in default of payment of fine, to undergo further simple imprisonment of one month. For the offence under Section 353 IPC, he was sentenced to undergo simple imprisonment of six months with both the sentences running concurrently.

(2.) THE genesis of the case is a First Information Report dated 16 -04 -2009 lodged before the Officer -in -Charge, Naya Bazar Police Station, West Sikkim, by P.W. 1, Nk 1607 Sarku Man Tamang of Naya Bazar Police Station stating that when he and Nk 1791 Bishnu Kumar Pradhan, who is the deceased, were on bridge duty at the Akkar Bridge between 0800 hours to 1400 hours, the Appellant Pankaj Thakur, son of Lalan Thakur, suddenly arrived at the place at about 9 a.m. and assaulted Nk Bishnu Kumar Pradhan, the deceased, on his head with a knife injuring him grievously on the head. P.W. 1 then informed the Officer -in -Charge about the incident and took the deceased to Jorethang Hospital from where he was referred to Anandalok Hospital at Siliguri for being treated.