PEMA TAMANG Vs. STATE OF SIKKIM

JUDGEMENT

(1.) This appeal is directed against judgment dated 28.3.2005 and order of sentence dated 31.3.2005 passed by the learned Sessions Judge (Special Division-II) Sikkim at Gangtok in Sessions Trial Case No. 3 of 2004 convicting the appellant under Sec. 302 of the Indian Penal Code and sentencing him to undergo rigorous imprisonment of life and also to pay fine of Rs. 1000.00.

(2.) The prosecution story which lies in a short compass brings to light a sad and shocking incident of a son (accused/appellant) beheading his own father with a sharp Khukari in an altercation over the disruption of a drinking water pipeline in a small village called Lower Syari in East Sikkim. The prosecution versions as unfolded during the trial of the case are as follows :

(3.) On the fateful day. i.e. on Thursday 25.12.2003 at about 3.00 p.m. Mysang Tamang sister of the deceased reached the courtyard of the house of the accused followed by the deceased for checking up the point of disconnection in the water pipeline which was laid through the courtyard. On checking up the pipeline, the deceased found a piece of polythene pipe cut and thrown away and lying in the courtyard. On this, a hot altercation ensued in course of which Mrs.Ganga Tamang wife of the accused attacked the deceased with a heavy stone. As she had lifted the stone and was about to hurl the same at the deceased Mysang Tamang (PW3) intervened and the stone fell off to the ground. However, she clutched Mysang Tamang so tightly that she could not set herself free. At this point of time the accused Perna Tamang pushed the deceased to the ground and chopped off his neck with a Khukari and after severing the head from the body placed the same on the roof top of the nearby chicken coop. After placing the severed head on the roof top of the hencoop he spat at it thrice hurling abuses at the same time. Being shocked by the horrifying incident that took place in front of her eyes Mysang Tamang, raised hue and cry calling for attention of the other villagers and later on she narrated the whole incident to one Dawa Lama of the same locality.