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HIGH COURT OF SIKKIM
N. S. SINGH, A. P. SUBBA
SONAM ZANGPO BHUTIA - Appellant
Versus
STATE - Respondents
Cri Appeal 5 Of 2004
Decided On : MARCH 21, 2005
Held: It is clear from the guidelines laid down by the Hon’ble Supreme Court in the different cases cited above that the proved circumstances should be of a definite tendency unerringly pointing towards the guilt of the accused. In other words, it must be consistent only with the guilt of the accused and should be such as to exclude every hypothesis but the one proposed to be proved. Keeping such requirement in mind, we are of the considered view that the. circumstances established by the evidence on record satisfy all the requisite conditions. The fact that the accused appellant was living with the’ deceased in the same family, the presence of the accused in the place of occurrence at the relevant time, availability of opportunity to commit the alleged crime finding the helpless old lady all alone in the house with small baby of 6-7 months left in her charge by the complainant and his wife, the presence of injuries in the dead body of the deceased, the recovery of the blood stained trousers (Exhibit I) belonging to the accused one axe (Exhibit II) and one G.I. Pipe (Exhibit III) from the place of occurrence and finally the abscondsion of the accused appellant after the commission of the crime all go to point towards the guilt of the accused appellant. To this we may add the apprehension expressed by the deceased that the accused appellant might inflict any harm to her. Further, the evidence on record does not suggest this involvement of any other person in the crime. The evidence does not indicate the possibility of any one else having intruded into the house of the deceased to commit the crime between the time when this deceased was left alone with the small baby in the house and the time when her dead body was found. The only person seen present in the house of the deceased at the relevant time was the accused appellant. No explanation has also been given by the accused as to why he absconded and remained away from the locality until he was arrested by the Police at Namchi, South Sikkim. For all these reasons, we have no hesitation to hold that the circumstance proved in the case at hand are inconsistent with the innocence of the accused and are consistent only with his guilt. Needless to say in a case when the proved circumstances provide a complete chain in
proof of guilt of the accused the question of benefit of doubt does not arise. (Para 15)
Result : Appeal dismissed.
( 1 ) THIS appeal is directed against the judgment dated 31-5-2002 passed by Shri S. W. Lepcha, learned Sessions Judge (East and North) at Gangtok in criminal Case No. 21 of 2002 convicting the appellant under Sections 302 and 201, IPC and sentencing him to life imprisonment and to pay a fine of Rs. 5. 000/- in default to undergo further imprisonment for six months under Section 302 and to undergo rigorous imprisonment for one year and to pay a fine of Rs. 1. 000/- in default to undergo further rigorous imprisonment for three months under Section 201. Both the sentences were made to run concurrently.
( 2 ) BRIEFLY stated the prosecution case is as follows :-On 11-4-2000, Shri Gigme Bhutia, the complainant and his wife left for jungle to collect fire wood and fodder leaving behind his aged mother Somti Bhutia, the deceased and his infant baby aged about 6-7 months at home. The other daughter who was aged about 7 years had also left home to attend the village school in Sang. The complainant and his wife returned home from the jungle at around 2 p. m. On returning they found the house locked and his mother the deceased absent from home. For some time, the complainant thought that the deceased might have gone to the village to fetch his daughter but when she failed to return for a long time he along with the neighbours started search for the deceased. On extensive search being made by them, they came upon a blood stained trousers of the accused in the nearby cowshed. Thereafter, on breaking open the door of the bed room of the deceased, they found all gold ornaments, precious stones (zee mala) and cash amounts missingj. On further search in and around the house, the complainant found that the bundle of the broom stems staked by him had been, shifted to the corner. On removing the heap of broom stems they found the dead body of the deceased with blood stains lying concealed underneath the broom stems.
( 3 ) A verbal information regarding the incident was received at Singtam Police Station from I. C. Sang Out Post around 015 hours on 12-4-2000. On receipt of such information the I. O. along with his staff reached the spot where the I. C. Sang Out post and his staff were found present and guarding the place of occurrence. Later on, a formal FIR regarding the incident was lodged by the complainant. On receipt of the fir Singtam case No. 9 (4) 00 was registered under Sections 302/380/201 IPC and investigation was taken up.
( 4 ) THE investigation carried out by the i. C. revealed prima facie case under Sections 302, 380 and 201, IPC against the accused and accordingly a charge-sheet was filed and the appellant was placed on trial. Having found sufficient material the learned trial court framed charges against the accused under Sections 302/201/382, IPC.
( 5 ) THE plea of the appellant at the trial was one of denial.
( 6 ) IN order to prove their case, the prosecution examined as many as 23 witnesses. After considering the material on record and on hearing the prosecution and the defence, the learned Sessions Judge came to the conclusion that the prosecution had proved the guilt of the accused/appellant under Sections 302 and 201, IPC beyond reasonable doubt and convicted him under the said sections of law and passed sentences as already stated above. Being aggrieved by the aforesaid order of conviction and sentence passed by the learned Sessions Judge the accused appellant has come up in the present appeal.
( 7 ) SHRI B. K. Gupta, learned legal aid counsel appearing for the appellant in this appeal and Shri J. B. Pradhan, the learned public Prosecutor appearing for the State were heard. The contention of Shri B. K. Gupta is that the entire prosecution case was based on circumstantial evidence but the chain of circumstances was not complete in the prosecution case. It is his main contention that the learned trial Court had framed charges under Section 382, IPC also but there was no whisper of the same in the main judgmen
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