THOUBALMAYUM FAJAL Vs. STATE OF SIKKIM

JUDGEMENT

(1.) The prosecution has successfully secured conviction and sentence against the appellant under Sec. 302 and 506 (Para II) of the Indian Penal Code, 1860 (IPC) for life and for a period of one year respectively relying on circumstantial evidence.

(2.) The first information report (FIR) (exhibit P-1) was lodged by A. Chandrakala Devi (PW-2) - wife of the deceased, against the appellant stating that he had called at around 01:10 a.m. on 3/3/2019 from her husband's mobile number asking her to come out alone to save her husband near the Ranipool petrol pump and when she reached there she found her husband lying dead in the gorge near the petrol pump. She stated that she had the phone recording of the conversation. She further stated that the appellant had threatened her not to inform the police or else she and her children would face dire consequences. The FIR was registered by Karma Dolma (PW-42). The allegation in the FIR was investigated by Police Inspector Deepa Sharma (PW-47) who filed the charge-sheet against the appellant on 28/5/2019 who had been arrested on 3/3/2019 under Sec. 302, 506 and 509 of the IPC. Thereafter, it was followed by two supplementary charge-sheets on receipt of the DNA report prepared at CDFD Hyderabad and CFSL report of voice sample of CFSL Chandigarh.

(3.) On 13/8/2021, charges under Sec. 302, 201 and 506 (Para II) of the IPC were framed against the appellant. The charge under Sec. 302 of the IPC was for murder of the deceased on the intervening night of 2/3/2019 and 3/3/2019. The charge under Sec. 201 was for having dragged the deceased after his murder using the appellant's belt to the nearby jungle below the road with the intention of screening himself from legal punishment. The charge under Sec. 506 (Para-II) of the IPC was for criminal intimidation committed on A. Chandrakala Devi (PW-2) by demanding that she come to the spot where the murder took place alone and threatening to kill the deceased if she did not. The appellant pleaded not guilty and claimed trial. 47 prosecution witnesses were examined, numerous documents and material objects were exhibited by the prosecution to establish their case. The appellant was examined under Sec. 313 of the Code of Criminal Procedure, 1973 (Cr.P.C.) when as many as 494 circumstances were put to him. The appellant did not have any evidence to enter in his defence and claimed that he was innocent and falsely implicated. The learned Sessions Judge rendered a judgment on 29/8/2023 convicting the appellant and sentencing him under Sec. 302 of the IPC for life and a fine of Rs.500.00 and under Sec. 506 (Para-II) of the IPC for one year.