TSHETEN TSHERING BHUTIA Vs. STATE OF SIKKIM

JUDGEMENT

(1.) The only plea advanced by Learned Counsel for the Appellant is that the sentence imposed vide the impugned Order on Sentence, dtd. 30/3/2021, of the Court of the Learned Sessions Judge, South Sikkim, at Namchi, in Sessions Trial Case No.02 of 2018 (State of Sikkim vs. Tsheten Tshering Bhutia), for a term of ten years under Sec. 304 Part II of the Indian Penal Code, 1860 (hereinafter, the 'IPC'), against the Appellant, be reduced to the period of incarceration already undergone by him.

(2.) Learned Counsel for the Appellant canvassed the contention that while the Appellant is not aggrieved with the finding of the Learned Trial Court vide the impugned Judgment, this Court in Satar Gurung vs. State of Sikkim 2022 Cri. L. J. 3867 : AIROnline 2022 SK 50, wherein the facts and circumstances were identical to the instant case, reduced the sentence of imprisonment to the period already undergone by the Appellant. That, the Appellant in Satar Gurung (supra) had attempted to defend himself resulting in the wounds inflicted on the deceased, to which he succumbed. It was also observed therein that there was no premeditation, planning or the requisite mens rea, to bring the offence within the ambit of Sec. 300 of the IPC. That, the Appellant therein committed the offence without premeditation, in a sudden fight in the heat of passion, upon a sudden quarrel and it cannot be said that the Appellant took undue advantage. Similarly, in the Appeal at hand the Appellant had inflicted the wounds on the deceased while attempting to defend himself from the physical assault being perpetrated on him, by the deceased and had no intention to cause his death. Hence, it is a fit case for reduction of the sentence.

(3.) Learned Additional Public Prosecutor had no specific submissions to advance in this context.