GARJA BIR RAI Vs. STATE OF SIKKIM

JUDGEMENT

(1.) The Appellant was convicted under Section 302 of the Indian Penal Code, 1860 (hereinafter, IPC) by the impugned Judgment, dated 31-08-2017, of the Learned Sessions Judge, Special Division - I, Sikkim, at Gangtok, in Sessions Trial Case No.03 of 2016. By an Order on Sentence of the same date, the Appellant was to suffer simple imprisonment for life and to pay a fine of Rs.50,000/- (Rupees fifty thousand) only, with a default clause of imprisonment. Dissatisfied thereof, the Appellant is before this Court.

(2.) Shorn of details, the facts as per the Prosecution is that, on 14-02-2016, at around 2130 hours, one Hubkey Rai P.W.7, lodged a written Complaint to the effect that, at around 0600 hours, the same morning, he was telephonically informed by his elder brother, Mandhoj Rai P.W.3, of Machong, East Sikkim, that their sister Purnimaya Rai (married to the Appellant) was found dead in her home. On reaching the victim's house, P.W.7 found some marks over her neck. Suspecting foul play he reported the matter to the Pakyong Police Station seeking ascertainment of the cause of death.

(3.) The Prosecution narration is that the Appellant, aged about 60 years, a Government Primary School Teacher was married to the deceased, his second wife, for the last 25 years, after the demise of his first wife from whom he had one son, aged about 31 years, employed in the Police Department. From the deceased he had another son, aged about 21 years, a student of Class XI. At the relevant time, both the sons were living elsewhere. The couple had also adopted a girl P.W.6, about 11 years ago, who was aged about 16 years at the time of the incident and shared their room. Her alleged illicit relations with the Appellant was the apple of discord between the couple and the motive for the crime. The Appellant and the deceased quarrelled on 13-02-2016 about the impending marriage of the elder son P.W.11. At 1900 hours, P.W.6 fell asleep but not before having witnessed both the Appellant and the deceased entering the room, bolting the door and confronting each other. The argument escalated into a scuffle during which the Appellant strangulated the deceased with a muffler. To conceal the offence he attempted to hang the body from the nearby "Nebhara" tree (Fig tree) and having failed in his effort he returned the dead body to their room. The following morning, i.e., on 14-02-2016, at about 4 a.m., he woke P.W.6 and on her enquiry into the whereabouts of her mother, he told her that she had passed away due to illness on the intervening night. The Appellant thereafter called his younger brother one Manoj Rai P.W.5, Panchayat of Riwa Machong, informing him of the death, who in turn informed Tula Bir Rai P.W.23 another brother, both of whom then arrived at the house of the Appellant. The Appellant informed them that the deceased had died due to acute stomachache during the night. P.W.5 then called Ashok Kumar Rai P.W.24, their cousin, informing him of the death and requesting him to come to the house of the victim. Thereupon, P.W.5 telephonically informed P.W.3, the brother of the victim. Meanwhile, the Appellant is alleged to have tutored P.W.23 to concoct a false story that he had spent the night in the Appellant's house. The Prosecution case is also that in September, 2015, the victim had reported to her brother at Riwa Machong that the Appellant had assaulted her concerning his relations with P.W.6. The victim had requested the biological parents of P.W.6 to take her back, but the Appellant was in disagreement. Charge-Sheet was accordingly submitted against the Appellant under Sections 302/201 of the IPC.