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2017 Supreme(Sikk) 24

BHASKAR RAJ PRADHAN
Kaziman Gurung, S/o Late Lall Bahadur Gurung – Appellant
Versus
State of Sikkim – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Ajay Rathi, Mr. Rahul Rathi, Mr. Aditya Makkim, Ms. Pema Wongmu Bhutia, Ms. Phurba Diki Sherpa and Mr. Pramit Chhetri Legal Aid Counsels.
For the Respondent: Ms. Pollin Rai, Asstt. Public Prosecutor.

JUDGMENT :

BHASKAR RAJ PRADHAN, J.

1. A Trial of the offences under Section 307 and Section 392 IPC conducted by the Learned Session Judge, East Sikkim at Gangtok (hereinafter the learned Session Judge) resulted in the conviction of the Appellant on both the charges after examining 17 witnesses. The Appellant is aggrieved by the Judgment of the Learned Session Judge dated 24.07.2015 (hereinafter the impugned Judgment) and the order on sentence dated 27.07.2015 (hereinafter the impugned sentence). The present Criminal Appeal No. 14 of 2015 (hereinafter the present Appeal) seeks to assail both the impugned Judgment and impugned sentence.

2. On 23.07.2013, Dr. Sangeeta Pradhan, Medical Officer in Sir Thutob Namgyal Memorial Hospital (hereinafter the STNM Hospital), Gangtok, examined a patient, one Suresh Agarwal, found a deep cut injury in front portion of his neck and lodged an FIR with the Sadar Police Station.

3. Around the same time Sub Inspector (S.I.), Rinku Wangmu Bhutia of Sadar Police Station, Gangtok received a telephonic information from Bhim Bahadur Basnett, former Superintendent of Police about the incident, on the basis of which FIR number 182/2013 dated 23.07.2013 under Sec



























































































































































































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