JUDGMENT :

Shampa Dutt Paul, J.

1. The death reference and the Criminal Appeal arises out of the judgment and order dated 27.01.2020 and 28.01.2020, passed by the learned Sessions Judge, Kalimpong in Sessions Trial No. 04 of 2018 arising out of Sessions Case No. 07 of 2018, convicting the appellant Surjey Bhujel for commission of offence punishable under Section 302 of the INDIAN PENAL CODE and sentenced to death (capital punishment) and also sentenced to pay a fine of Rs. 1,00,000/- (Rupees One Lakh) in default to suffer rigorous imprisonment for five years.

2. Prosecution Case:-

The prosecution case initiates from the written complaint dated 03.02.2018 lodged at 08.15 hrs by (PW 1) Smt. Nima Dolma Tamang:-

“I Nima Dolma Tamang, W/o. Tarzen Tamang residing of Dalgoan, Jaldhaka P.S., District Kalimpong would like to request you that today on 03.02.2018 approximately about 8.30 in the evening I got an information that my sister Junita Lama, 28 years old, D/o. Ajay Lama and her children 1) Akrit Bhujel 8 years old, 2) Atith Bhujel 6 years old were murdered by my brother-in-law”s bro