NAR BAHADUR KHARKA Vs. STATE OF SIKKIM

JUDGEMENT

(1.) Appellant, Nar Bahadur Kharka, stands convicted u/S. 302 IPC for commission of murder of his wife, Leela Devi Kharka, and minor son, Basant Kharka, by the Sessions Judge, Special Division-II, East Sikkim at Gangtok, vide judgment and order dated 31.03.2012 passed in Sessions Trial Case No.7/2010.

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

(3.) Mr. A. K. Upadhyaya, learned Senior (Legal Aid) Counsel, appearing on behalf of the appellant, has mainly contended that Varsha Kharka (PW-12) was aged about 41/2 years on the date of incident; she was a child witness; therefore, there was a chance of tutoring. He also argued that there were many discrepancies in her evidence, therefore, conviction based on her solitary testimony cannot be sustained.