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PIUS C.KURIAKOSE, S.P.WANGDI
Deepak Pradhan – Appellant
Versus
State of Sikkim – Respondent
| Table of Content |
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| 1. establishing trial history and factual foundation of the criminal appeal. (Para 1 , 2 , 3 , 4 , 5) |
| 2. apposing contentions regarding the sufficiency of circumstantial evidence. (Para 6 , 7) |
| 3. evaluation of circumstantial evidence and liability under common intention. (Para 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22) |
| 4. final confirmation of conviction based on proven incriminating chain. (Para 23 , 24 , 25 , 26) |
Wangdi, J.
In this Appeal, the Appellant seeks to assail the judgment dated 14-03-2008 passed by the Learned Sessions Judge, South and West District at Namchi in Sessions Trial Case No.30 of 2004 by which he and Rudra Thapa, Accused No.1, were convicted for offences under Sections 302/201/379/34 of the Indian Penal Code (in short “IPC”) and sentenced to undergo imprisonment for life.
2(a). To state the prosecution case briefly, on 01-07-2004 one Devi Prasad Sharma, priest of Kali Mandir, 16th Mile Jorethang-Melli Road, appeared at the Jorethang Police Station and orally informed that in the early morning of that day he saw a person lying on the cliff below the road in front of the Kali Mandir.
(b) On this information, PI C. C
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