RAJU CHETTIR Vs. STATE SIKKIM

JUDGEMENT

(1.) This appeal is directed against the judgment of the Learned Sessions Judge, Special Division-1 dated 30-3-2004, passed in Sessions Trial Case No. 4 of 2004, by which the appellants were convicted under Sections 302/348, 380/341, IPC and sentenced to undergo R.I. for life and to pay fine of Rs. 2000/- u/S. 302/134, IPC and R.I. for seven years and to a fine of Rs. 1000/- u/S. 380, IPC against the appellants, directing that sentences shall run concurrently.

(2.) Substance of the prosecution case is that, in the wee hours of 11-11-2003, at about 4.00 a.m. a patrol party consisting of C/1180 Man Bahadur Chettri and Home Guard Indra Kumar Chettri, saw the appellants near Krishi Bhawan at Tadong, proceeding downhill on foot with bags. Finding their movement to be suspicious, they accosted them and when questioned, the appellants were unable to give reasonable answers. Upon their search at the Tadong O.P. where they were taken by the patrol party, the appellants were found carrying gold ornaments and cash, thereby strengthening their suspicion of the appellants having committed some offence. On being informed telephonically by the I/C Tadong O.P., the Duty Officer from Gangtok Sadar Police Station, proceeded to the O.P. and brought the appellants to the Gangtok Sada0r P. S. for necessary inquiries. At the Police Station, on being questioned, they revealed that they were the employees of Sikkim Hotel situated near S.N.T. Bus Terminus, Gangtok and that they had committed murder of the owner of the hotel and her daughter. On such information, the police led by P.M. Rai, Officer-in-Charge, Sadar Police Station went to the hotel to conduct preliminary inquiries accompanied by the appellants. Finding the hotel locked from outside they called for the local residents and the building caretaker. On their arrival, the police entered the room of the lady owner of the hotel, after breaking the lock open in their presence, and found the floor and the door of the toilet which was found bolted from outside covered with blood stains. On opening the toilet door, they found a lady above 40 years of age lying dead in a pool of blood with multiple cut injuries on her throat, head, hands and face. Another room which was found locked was opened with a key in a bunch found just outside that room and upon entering it which was found to be the TV room, an old lady aged about 70 years was also found dead in a pool of blood with similar injuries. The rooms were found ransacked and in a disarray. The police thereafter suo motu registered Sadar P.S. Case No. 136(11)03 dated 11-11-2003 u/Ss. 302/380/ 341, IPC against the appellants and endorsed it to the T.O. for investigation.

(3.) As a part of the investigation, the Investigating Officer visited the place of occurrence where necessary photographs were taken, rough sketch map of the place of occurrence was drawn and the available witnesses acquainted with the facts and circumstances of the case examined and their statements recorded u/S. 161, Cr. PC. Statements u/S. 27 Evidence Act, 1872 of both the accused persons were recorded on the basis of which weapons of offence consisting of two 'chedos' (sharp edged heavy cutting knives used in kitchens for cutting meat) and wearing apparels of both the accused persons seized from the scene of crime. Inquest of the dead bodies u/S. 174, Cr. P.C. of both the victims was conducted in presence of witnesses after its necessary identification whereafter the bodies were forwarded to the S.T.N.M. Hospital for post-mortem examination where the wearing apparels, hair and blood samples of the victims were seized in presence of witnesses and sent to CFSL, Kolkata, for its analysis and opinion.