RENU MEENA Vs. STATE OF SIKKIM

JUDGEMENT

(1.) This judgment will decide two criminal appeals preferred against the judgment of acquittal dated 29.07.2016 passed by the learned Sessions Judge, Special Division-II, East Sikkim at Gangtok in Sessions Trial No. 09 of 2015 (State v. Gurmey Wangchuk Wazalingpa & Ors.) whereby all the accused persons were acquitted of the charges levelled against them. Criminal Appeal No. 30 of 2016 has been preferred by Renu Meena the mother of the deceased. Criminal Appeal No. 22 of 2017 has been preferred by the State of Sikkim. As both the criminal appeals seek to assail the acquittal of the Respondents we shall dispose both the appeals by this common judgment.

(2.) On 19.05.2013 First Information Report (FIR) No.107/2013 (exhibit-7) was registered on the information given by Sameer Pradhan (P.W.1) (the informant) posted at Sadar Police Station, Gangtok.

(3.) The FIR reported that on 19.05.2013 around 0910 hours vide General Diary No.780 call book intimation was received from Central Referral Hospital, (CRH) Tadong, East Sikkim stating that the dead body of one Rakshit Meena (deceased) was brought to CRH by three friends on 19.05.2013 at 0740 hours. It was further stated that on the basis of said information Sadar Police Case No. 36/2013 dated 19.05.2013 under Section 174 Code of Criminal Procedure, 1973 (Cr.P.C.) was registered and the case endorsed to the informant for investigation. It was reported that the informant visited CRH and conducted the inquest on the dead body. It revealed multiple injuries. During investigation statement of Anirban Neogi (P.W.22) was recorded which revealed that on the evening of 18.05.2013 at 2000 hours the deceased along with Anirban Neogi (P.W.22) went to Caf Live & Loud, Tibet Road, Gangtok. Thereafter, at 2200 hours they were joined by their four friends namely Aditya Verma (P.W.8), Amber Chandra (P.W.23), Arindam Parmar (P.W.21) and Divit Vinod (P.W.9). At around 0130 hours the deceased and his friends were assaulted by six unknown persons on the stairs of Caf Live & Loud. Thereafter, the six unknown persons ran away through their two cars: one Skoda and another Audi. The injured deceased and his friends somehow ran to Hotel Santiniketan located at Arithang, Gangtok and could not come out from there due to fear of life. At the hotel room the condition of the deceased deteriorated. At 0500 hours on 19.05.2013 the friends of the deceased took him to STNM Hospital Gangtok and thereafter to CRH where he was declared brought dead. The dead body of the deceased was forwarded for autopsy. On the basis of the aforesaid facts the informant reported, an FIR was registered against the six unknown persons.