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2019 Supreme(Sikk) 14

MEENAKSHI MADAN RAI, BHASKAR RAJ PRADHAN
Garja Bir Rai – Appellant
Versus
State of Sikkim – Respondent


Advocate Appeared:
For the Appellant :Mr. N. Rai, Senior Advocate with Ms. Tamanna Chhetri and Ms. Malati Sharma, Advocates.
For the Respondent: Mr. Karma Thinlay, Additional Public Prosecutor with Mr. Thinlay Dorjee, Additional Public Prosecutor and Mr. S. K. Chettri, Assistant Public Prosecutor

JUDGMENT :

MEENAKSHI MADAN RAI, J.

1. The Appellant was convicted under Section 302 of the Indian Penal Code, 1860 (hereinafter, IPC) by the impugned Judgment, dated 31-08-2017, of the Learned Sessions Judge, Special Division – I, Sikkim, at Gangtok, in Sessions Trial Case No.03 of 2016. By an Order on Sentence of the same date, the Appellant was to suffer simple imprisonment for life and to pay a fine of Rs.50,000/- (Rupees fifty thousand) only, with a default clause of imprisonment. Dissatisfied thereof, the Appellant is before this Court.

2. Shorn of details, the facts as per the Prosecution is that, on 14-02-2016, at around 2130 hours, one Hubkey Rai P.W.7, lodged a written Complaint to the effect that, at around 0600 hours, the same morning, he was telephonically informed by his elder brother, Mandhoj Rai P.W.3, of Machong, East Sikkim, that their sister Purnimaya Rai (married to the Appellant) was found dead in her home. On reaching the victim’s house, P.W.7 found some marks over her neck. Suspecting foul play he reported the matter to the Pakyong Police Station seeking asce

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