SHRI GANDIP PRASAD Vs. STATE OF SIKKIM

JUDGEMENT

(1.) This Appeal is directed against the Judgment dated 31.03.2015 passed in Sessions Trial Case No. 02 of 2014 by the Sessions Judge, South Sikkim at Namchi. By the impugned Judgment, the Appellant has been convicted under Sec. 302 Penal Code and sentenced to undergo imprisonment for life and to pay fine of Rs.50,000.00 with default sentence of SI for one year.

(2.) In all, two accused persons were prosecuted. The Appellant herein (A-1) was prosecuted u/Ss. 302/498-A Penal Code whereas, his mother, Girja Devi (A-2) was prosecuted u/Ss. 302/109 & 498-A/109 IPC.

(3.) Deceased, Kalawati Devi, was wife of the Appellant (A-1). The case of the prosecution is that both the accused persons (A-1 and A-2) used to treat her with cruelty and Kalawati was not happy in her matrimonial house. On 28.10.2013 at about 0930 Hrs. the Appellant and the deceased both were seen together on the Jholungay bridge over Teesta river. All of sudden the Appellant forcefully took deceased into his lap and threw her into river Teesta, in which the water level was very high and the height between water level and bridge was about 50 - 60 feet.