THUTOB NAMGYAL BHUTIA Vs. STATE OF SIKKIM

JUDGEMENT

(1.) Aggrieved by the Judgment dated 27-06-2016 and the Order on Sentence dated 28-06-2016, passed by the Learned Sessions Judge, North Sikkim, at Mangan, in Sessions Trial Case No.01 of 2015, State of Sikkim Vs. Thutob Namgyal Bhutia, convicting the Appellant under Sec. 498A of the Indian Penal Code, 1860 (for short "IPC"), and sentencing him to undergo simple imprisonment for one year and to pay a fine of Rs.5,000.00 (Rupees five thousand) only, with a default stipulation, the instant Appeal assails both.

(2.) Prosecution was launched on an FIR, Exhibit-35, filed on 10.10.2014, by the Victim wife against her husband, the Accused (hereinafter the "Appellant"), informing that he was a habitual drug abuser, had attempted to kill her thrice prior to the lodging of Exhibit-35 and on 10-10-2014, at around 1100 hours, when she was entering her bedroom, he opened the door and without cause assaulted her, as he often did. It was thus unsafe for her and her minor son to live with the Appellant and in the event of any untoward incident, the Appellant should be held responsible. Besides, he had also stolen money from her Account in the State Bank of India, Mangan Branch, by forging her signature.

(3.) On receipt of the information, Mangan P.S. Case No.35/2014, dated 10-10-2014, was registered against the Appellant under Sections 498A/420 of the Penal Code and endorsed for investigation. When investigation into the matter was nearing completion, the Victim on 07-12-2014, jumped fatally off the Rang- Rang Bringbong Suspension Bridge, allegedly due to harassment meted out by the Appellant. This resulted in Mangan P.S. U.D. (Unnatural Death) Case No.15/2014, dated 07-12-2014 being registered, under Sec. 174 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C."), which revealed a prima facie case against the Appellant under Sec. 306 of the IPC. Investigations of both the cases were amalgamated by the Investigating Officer (for short "I.O.") and on completion of investigation, a single Charge-Sheet was submitted against the Appellant under Sections 306/498A/380/468/471 of the IPC.