SONAM NAMGYAL AND ORS. Vs. STATE OF SIKKIM

JUDGEMENT

(1.) HEARD on admission.

(2.) PETITIONERS are the 3 (three) accused in S.T. Case No. 19 of 2013, pending in the Court of Principal Sessions Judge, East & North Sikkim at Gangtok. They are aggrieved with the Order dated 05.03.2015 by which charges have been framed against them U/Ss. 302, 325, 323 and 506 read with Section 34 of the IPC.

(3.) MR . D.K. Pradhan, learned Counsel appearing on behalf of the Petitioners in Crl. Rev. P. No. 04/2015, contended that there were many infirmities in conducting the TIP. He also contended that the TIP was conducted very late, therefore, there were chances of seeing the accused persons by the witnesses. Mr. Siladitya Sanyal, learned Senior Counsel appearing on behalf of the Petitioner in Crl. Rev. P. No. 06/2015, also raised similar arguments, however, he categorically submitted that Petitioner, Gurmee Wangchuk Wazallingpa was not identified by all the witnesses and he was only identified by Amber Chandra from whose possession the camera of the deceased was seized, in which, there was photograph of accused Gurmee Wangchuk Wazallingpa. He cited the decisions of Vijayan vs. State of Kerala : : (1999) 3 SCC 54; Dilawar Babu Kurane vs. State of Maharashtra : : 2002 Cri. L.J. 980; Yogesh alias Sachin Jagdish Joshi vs. State of Maharashtra : : (2008) 10 SCC 394; and Central Bureau of Investigation, Hyderabad vs. K. Narayana Rao : : (2012) 9 SCC 512.