CHABI KHARKA Vs. STATE OF SIKKIM

JUDGEMENT

(1.) In this Appeal, the Appellant challenges the judgment of the Learned Sessions Judge, Special Division I, Sikkim at Gangtok, dated 26-12-2013 in S. T. Case No.04 of 2011, by which he was convicted and sentenced for the offence under Section 302 of the Indian Penal Code, 1860 (for short "IPC").

(2.) (i). The prosecution case as would be material for the purpose of disposal of this Appeal, is that on 04-06- 2011 at about 1205 hours, a written First Information Report (for short an "FIR"), Exhibit 1, was received by the Officer-in-Charge, Rangpo Police Station, East Sikkim, from one Ram Bahadur Basnet, P.W.1, of Duga, Rangpo, East Sikkim, stating that at around 1130 hours of the same day, he heard a scrambling noise on the terrace of his building under construction at IBM, Rangpo, Mazuwa, East Sikkim, and then one of his masons, Deepak Sarki, Shri Chabi Kharka vs. State of Sikkim P.W.2, jumped on to the ground floor from the terrace shouting "manchey mareyo" (a man has been killed) and when he rushed to the terrace he found the deceased, Phuchung Sarki alias Bhakta Bahadur Sarki, lying on the floor in a pool of blood and that, on enquiry, Deepak Sarki, P.W.2, told him that it was Chabi Kharka, the Appellant, who had killed the deceased.

(3.) (i). Investigation revealed that the deceased, Phuchung Sarki alias Bhakta Bahadur Sarki, and Deepak Sarki, P.W.2, were engaged as petty contractors by Ram Bahadur Basnet, P.W.1, for construction of his RCC building at IBM, Rangpo, Mazuwa, East Sikkim. They had in turn engaged the Appellant, Chabi Kharka, a Bhutanese refugee, and Shrilall Cintury, P.W.6, as their helpers for the work. On 04-06-2011, when the deceased and P.W.2 along with the Appellant were working on the first floor slab, all of a sudden the Appellant picked up a 'khukuri' (a Shri Chabi Kharka vs. State of Sikkim sharp edged weapon), M.O.I, of the deceased lying on the floor and struck the deceased on his neck. On seeing this, P.W.2 fled from the place and informed the owner of the house, P.W.1, who was at the ground floor of the building at that time. The Appellant also jumped from the first floor and fled away from the scene of crime carrying the weapon of offence in his hand.