ARJUN TAMANG AND OTHERS Vs. STATE OF SIKKIM

JUDGEMENT

(1.) Petitioner No. 2, Anupama Tamang, is wife of Petitioner No. 1, Arjun Tamang. They were married on 10.07.2000. They have a female child, Smriti Tamang, aged about 13 years. She is studying in 7th standard. Petitioner No. 1 is working as Driver in the Department of Sikkim Legislative Assembly. He has been allotted a Government accommodation in Syari, Gangtok.

(2.) The case of the prosecution is that on 21.06.2014 at about 07.00 PM, Petitioner No.1 threw boiling tea on the face of Petitioner No.2, who sustained facial burns (injuries) which were simple in nature. First Information Report (FIR) was lodged by the brother of the victim, Bikash Subba, Petitioner No.3 herein. Copy of the FIR and the medical examination report have been filed as Annexures- P-I and P-III.

(3.) After filing of the charge-sheet, the Chief Judicial Magistrate, East Sikkim at Gangtok took cognizance on 22.11.2014 and ultimately charges were framed under Sec. 324 Penal Code on 17.03.2015 (Annexure P-VI).