( 1 ) THIS appeal by special leave is directed against judgment of the High court of Sikkim dated 21-2-1991.

( 2 ) SHORN of details, facts giving rise to the filing of this appeal are as follows: on the basis of telephonic information received at Police Station Sadar on 18-7-1986 at about 12. 10 a. m. from Shri K. T. Bhutia, Advocate, a first information report (FIR) came to be registered. The names of the accused were not disclosed in the telephonic message and all that was stated was that "two unknown persons" came to the house of Advocate Smt Manju Sharma at P. N. G. Road and fired shots at her and her husband, who were lying in an injured condition in the house. The telephonic message was received by Shri suresh Pradhan, Night Duty Officer at the police station. The officer in charge of the police station, Shri B. K. Rokha, PW 4 marked the FIR to Sub- inspector D. P. Bhutia for investigation. The victims Shri Prem Pal Singh and smt Manju Sharma, both lawyers, were removed to S. T. N. M. Hospital where they were medically examined and admitted. The appellant was arrested by pw 4 D. P. Bhutia at 12. 40 a. m. from his residence. Both the victims left the hospital on their own and