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2009 Supreme(Sikk) 15

A.H.SAIKIA, S.P.WANGDI
State of Sikkim – Appellant
Versus
Raju Chettri – Respondent


Advocates:
Advocate Appeared:
J.B.Pradhan, Karma Thinlay, Santosh Kumar Chettri, N.Rai, Jyoti Kharka

JUDGMENT

WANGDI, J.

(1) The State of Sikkim has preferred this appeal under S. 377, Cr. P. C. against the order of sentence passed in consequence of the judgment in Sessions Trial Case No. 4 of 2004 dated 30-3-2006 and 31- 3-2006 respectively by the learned Sessions Judge, Special Division-I (I/C) at Gangtok.

(2) It is the case of the State that the sentence of rigorous imprisonment for life and a fine of Rs. 2,000/- imposed against the respondents/convicts for offences under S. 302/34 of the Indian Penal Code is grossly inadequate considering the brutality and merci-lessness with which the respondents/convicts had committed the murder of the victims in cold blood in the most inhuman manner. From the evidence on record, it has been established that the murder was committed for the greed of money and with the motive to commit theft and that it has been established that the victims were innocent and helpless women, one aged about 70 years and other unmarried daughter aged about 40 years. Whereas the respondents/convicts were aged about 32 years and 19 years respectively by which it stands established that the murderers were physically in a dominating position. That the deceased mother




























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