SUBASH RAI Vs. STATE OF SIKKIM

JUDGEMENT

(1.) The Appellant, by filing this Appeal, assails the Judgment and Sentence of the Learned Sessions Court, South Sikkim at Namchi, in Sessions Trial Case No.03 of 2014. The Learned Court convicted the Appellant under Section 307 of the Indian Penal Code, 1860 (for short "IPC") and sentenced him to undergo Simple Imprisonment for a period of five years and to pay a fine of Rs.20,000/- with a default clause of imprisonment on non-payment.

(2.) The facts of the case giving rise to the instant incident are that the Appellant on 22.11.2013 at around 11.00 p.m. entered the house of the PW-1, the victim after knocking on her door. On PW-1 answering the door, he entered and enquired as to where she kept her money and gold jewellery. At the same time he assured her that in a short while he would return the amount of Rs.1000/- (Rupees One Thousand) only, which he owed her, from the total loan of Rs. 15,000/- (Rupees Fifteen Thousand) only. He then left the house, while the victim went to a room to lie down without bolting the door from inside. After sometime, the Appellant again entered her house armed with an iron rod and rice cooker cable and attacked her on her head with the iron rod. She managed to snatch both articles from the Appellant and dragged him out of her house, where PW-2 and PW-4 were standing outside.

(3.) After hearing the submissions of the Learned Public Prosecutor and the Learned Defense Counsel, the Learned Sessions Court finding prima facie materials against the accused, under Section 307 of the IPC framed charge accordingly against the Appellant. The Prosecution witnesses were examined and the Learned Trial Court relying on the evidence so furnished, convicted the Appellant as detailed hereinabove. It is against this conviction and order of sentence that the Appeal has been preferred.