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2021 Supreme(Sikk) 53

BISWANATH SOMADDER, MEENAKSHI MADAN RAI
Subash Thapa – Appellant
Versus
State of Sikkim – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Tashi Rapten Barfungpa.
For the Respondents: Dr. Doma T. Bhutia, Mr. S.K. Chettri.

JUDGMENT :

MEENAKSHI MADAN RAI, J.

1. The instant matter pivots around the death of the victim, one Purna Kumar Gurung, aged about 34 years, working as a Lab Attendant under the Human Resource Development Department, in a school at Khecheopalri, West Sikkim. He is alleged to have been murdered by the appellant on the intervening night of 16-04-2016 and 17-04-2016 on a road half a kilometer away from his residence situated at 13th Mile, Thingling, West Sikkim. The appellant was charged under Sections 302, 392 and 427 of the Indian Penal Code, 1860 (for short “IPC”). To each count of charge the appellant pleaded “not guilty.” The learned trial Court on consideration of the entire Prosecution evidence furnished before it, convicted the appellant as charged vide the impugned Judgment dated 29-11-2017, in Sessions Trial Case No. 03 of 2016 and vide assailed Order dated 30-11-2017 sentenced him to undergo imprisonment for life under Section 302 of the IPC, rigorous imprisonment of 10 years under Section 392 of the IPC and rigorous imprisonment of 2 years under Section 427 of the IPC. The sentences of imprisonment were ordered to run concurrently. Sentences of fine were also imposed with de

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