STATE OF SIKKIM Vs. AITA HANG SUBBA

JUDGEMENT

(1.) This Appeal is directed against the impugned judgment dated 01.04.2013 in S.T.Case No.17 of 2010 of the Learned Sessions Judge, South and West Sikkim at Namchi, by which the respondent/accused was acquitted of the charge under Section 302 of the Indian Penal Code (for short 'IPC') for having caused the death of the deceased, Rajesh Chettri.

(2.) The facts of the case so far as it is relevant for the purpose of disposal of this Appeal are that on 26.04.2010 when the deceased Rajesh Chettri had gone to the house of one Dik Bahadur Rai at Upper Barakheley, Singling, West Sikkim to participate in the marriage celebration of his daughter, an altercation took place between him and the respondent/accused, Aita Hang Subba, in the courtyard of the said Dik Bahadur Rai at about 1400/1430 hours and that the respondent/accused person was seen hitting the deceased Rajesh Chettri with a rounded firewood causing the deceased severe head injuries with the respondent/accused in the process which he was also injured over his left eye. The fight was ultimately stopped by Som Bahadur Rai, PW4, and Mani Lall Subba, PW3, who led the deceased to his house. In the early morning of the next day, the wife of the deceased, Beena Subba, finding the condition of her husband/the deceased critical, decided to take him to the Namchi District Hospital and while doing so, stopped at the Soreng Police Station and informed of her husband's condition and sought for a medical examination requisition form. No sooner had she put up her complaint, N/K Dhan Bahadur Tamang, informed of the deceased having died, which was later confirmed by Dr. Praveen Gurung, the Medical Officer at the Soreng P.H.C. The motive of the respondent/accused to put the deceased to death was prima facie established when the Soreng Police Station found from the records of the Police Station that a case under Section 457/380 IPC under FIR No. 06(04)10 dated 27.04.2010 had earlier been registered against the respondent/accused, on a complaint lodged by the deceased Rajesh Chettri. Therefore, Soreng P.S. case FIR No.8(04)10 dated 27.04.2010 under Section 302 IPC was registered against the respondent/accused and taken up for investigation.

(3.) Upon investigation, it was revealed that a marriage ceremony of the youngest daughter of one Dik Bahadur Rai was held at Upper Barakheley on 25.04.2010 and on the next day, i.e., on 26.04.2010, the said Dik Bahadur Rai invited the youth of the locality to help him in winding up and putting away things. After completion of the work at about 1000 hours, all the youths who had gathered to help were offered lunch. After the lunch was over, most of the youths left the house except for few of them who stayed behind to enjoy with the rum and beer offered to them by the said Dik Bahadur Rai. In a group of 6 persons consisting of the respondent/accused, the deceased Rajesh Chettri @ Raju, Mingma Sherpa @ Pala (PW-9), Som Bahadur Rai (PW-4), Mani Lall Subba (PW-8) and Yuvraj Subba (PW-3), the respondent/accused and Yuvraj Subba (PW-3) were engaged in a cheerful banter when some mud fell into the glass of the deceased. This led to an argument between the respondent/accused and the deceased which got aggravated into a physical fight. They were separated by Som Bahadur Subba (PW-4) and Mani Lall Subba (PW-8), but the respondent/accused rushed to the kitchen of the house and picked up a solid piece of firewood from behind it and hit the deceased with it on the head felling the deceased to the ground. Even then the respondent/accused continued to assault him mercilessly hitting him 2/3 times on the head and the back. They were again separated by PW-4, PW-8, and PW-9 and the deceased, led away to his residence by Mani Lall Subba, PW-8, and Som Bahadur Rai, PW-4.