Back
2020 Supreme(Sikk) 7
IN THE HIGH COURT OF SIKKIM : GANGTOK
ARUP KUMAR GOSWAMI, BHASKAR RAJ PRADHAN, JJ.
Kewal Rai, Son of Amrit Rai - Appellant
Versus
State of Sikkim - Respondent
Crl. A. No. 21 of 2019
Decided On : 09-11-2020
For the Appellant :Mr. Jorgay Namka, Advocate (Legal Aid Counsel)
For the Respondent: Dr. Doma T. Bhutia, Public Prosecutor
The central legal point established in the judgment is the application of different sections of the IPC to determine the nature of the offenses and the appellant's culpability based on the evidence presented.
Headnote:
Culpable Homicide - Evidence of Material Witnesses - Sections 304 II, 307, 308, and 324 IPC - Summary of Acts and Sections
Fact of the Case:
The appellant was convicted for culpable homicide not amounting to murder, attempt to murder, and voluntarily causing hurt by a knife. The incident involved a quarrel over a mobile phone, leading to the appellant stabbing the deceased and two other individuals.
Finding of the Court:
The court found the appellant guilty based on the evidence of material witnesses and forensic reports. The court analyzed the injuries, weapon used, and the intent of the appellant, leading to the conviction for culpable homicide and causing hurt.
Issues: The issues involved the intent and knowledge of the appellant in causing the injuries, as well as the appropriate sections of the IPC to apply to the offenses.
Ratio Decidendi: The court applied the legal provisions of sections 304 II, 307, 308, and 324 IPC to determine the nature of the offenses and the appellant's culpability based on the evidence presented.
Final Decision: The appellant's conviction under sections 304 II and 324 IPC was confirmed, while the conviction under section 307 IPC was set aside. The appellant was convicted under section 308 IPC, and the sentences were upheld to run concurrently.
JUDGMENT :
Bhaskar Raj Pradhan, J.
1. The learned Sessions Judge, District Court at Namchi, South Sikkim (learned Sessions Judge), has convicted the appellant for culpable homicide not amounting to murder, attempt to murder and for voluntarily causing hurt by a knife in Sessions Trial Case No. 09 of 2016 (State of Sikkim vs. Kewal Rai), on 28.09.2019. He was sentenced to simple imprisonment of 10 years and a fine of Rs.10,000/-, 5 years and a fine of Rs.5000/- and 1 year and a fine of Rs.2000/- for each of the offences, respectively. The judgment of conviction and order on sentence, both dated 28.09.2019, are assailed by the appellant.
2. Heard Mr. Jorgay Namka, learned Legal Aid Counsel for the appellant and Dr. Doma T. Bhutia, learned Public Prosecutor, for the respondent.
3. Mr. Namka submitted that the evidence produced by the prosecution does not establish the case under sections 304 II and 307 IPC. He further submitted that as the appellant has been found not guilty of the charge under section 302 IPC, he could not have been, in any case, convicted under section 307 IPC. It was argued, at the most, the appellant could have been convicted for causing grievous hurt. The learned Public Prosecutor, on the other hand, submitted that the prosecution has been able to lead cogent evidence and all the ingredients of the offences have been duly established beyond all reasonable doubt. She relied upon the judgment of the Hon‘ble Supreme Court in the State of M.P. vs. Deshraj & Anr., (2004) 13 SCC 199 in which it was held that conviction under section 304 II IPC would be proper as there was a sudden quarrel and death was caused as a result of the injuries inflicted.
4. The learned Sessions Judge after taking into consideration the evidence of the first informant – Basanti Subba (PW-2), injured witnesses – Purna Subba (PW-1) and Kedar Subba (PW-5), and other witnesses who were present during the incident, held the appellant guilty.
5. 30 witnesses were examined by the prosecution. They have been elaborately discussed by the learned Sessions Judge. We shall only discuss the evidence of the material witnesses needed for the proper adjudication of the present appeal.
6. The incident occurred on 04.09.2016 at Gairi Gaon, Mamring, South Sikkim. The place of occurrence, it transpires, had the common residences of all the material witnesses as well as the appellant – the tenant in the house of Jasman Subba @ Laxuman (PW-6) and Ashmati Subba (PW-3) who are the parents of Mangal Dhoj Subba (deceased) and Purna Subba (PW-1) – one of the injured witnesses. There was an altercation between the deceased and the appellant in the house of the deceased. Basanti Subba (PW-2), wife of the deceased, was an eyewitness to the altercation between them. Basanti Subba (PW-2), Jasman Subba alias Laxuman (PW-6), Ashmati Subba (PW-3), Purna Subba (PW-1), Kedar Subba (PW-5) – nephew of PW-6 and PW-3, and Bunu Sherpa (PW-4) - wife of PW-1, all identified the appellant.
7. The FIR (Exhibit-13) was lodged by Basanti Subba (PW-2). She gave a detailed account of what transpired on 04.09.2016 when her husband - the deceased, died and her two brothers-in-law, Purna Subba (PW-1) and Kedar Subba (PW-5), were injured. The altercation between them was regarding the mobile phone of the deceased. The appellant had taken it a few days ago and damaged it. The appellant had assured the deceased that he would have the mobile phone repaired. On the day of the incident, in the evening, the deceased, Kedar Subba (PW-5) and the appellant had gone to Rangpo for marketing and to have the mobile phone repaired. The mobile phone could not be repaired. The appellant and the deceased returned home. The appellant was also angry that the deceased had not taught him driving. According to Basanti Subba (PW-2), the altercation continued in their courtyard. Around the same time, Kedar Subba (PW-5) had also arrived from the market and a quarrel started between him and the appellant as well. When she we
