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MEENAKSHI MADAN RAI, BHASKAR RAJ PRADHAN
Satar Gurung – Appellant
Versus
State of Sikkim – Respondent
JUDGMENT
Meenakshi Madan Rai, J. - On a First Information Report, Exhibit 1, being lodged before the Temi Police Station, South Sikkim, on 18-10-2017, by P.W.1, against the Appellant herein, investigation was taken up after registration of Temi PS FIR Case under Sections 326 /307 of the INDIAN PENAL CODE , 1860 (for short 'IPC'). On completion of investigation, Charge-Sheet was submitted against the Appellant, Satar Gurung (Accused No.1), one Suman Subba (Accused No.2) and one Dil Bahadur Gurung alias Diwash Gurung (Accused No.3), under Sections 302 /34 of the IPC. The Learned Trial Court on taking cognizance of the matter framed Charges against the above-named persons under Sections 302 /34 of the IPC for which they individually entered a plea of 'not guilty'. The Prosecution examined thirty-four witnesses to prove its case against the accused persons. On closure of Prosecution evidence, the accused persons were examined under Section 313 of the Code of Criminal Procedure, 1973 (for short, 'Cr.P.C.'). On consideration of the entire evidence on record, the Learned Trial Court convicted the Appellant Satar Gurung (Accused No.1) under Section 304 PART II of the IPC, but acquitted him
The offence under Section 304 Part II IPC applies when culpable homicide occurs without premeditation during a sudden fight between the aggressor and the defendant.
The court established that a conviction for murder under Section 302 IPC requires intent to kill, which was absent in this case, justifying a lesser charge under Section 304 IPC.
The court affirmed that the 1st accused's act of stabbing the deceased constituted murder, rejecting the applicability of Exception 4 to Section 300 IPC due to the absence of mutual combat.
A conviction under Section 302 IPC requires reliable evidence beyond hearsay; mere allegations without corroboration are insufficient for a guilty verdict.
The court clarified that common intention and premeditation are essential for a murder conviction under Section 302 IPC, and absence of these elements can lead to a lesser charge.
The court upheld the conviction for murder and attempted murder based on reliable eyewitness accounts and forensic evidence, establishing intent through the nature of the attack.
The court ruled that solitary eyewitness testimony can suffice for conviction in murder cases, especially when corroborated by medical evidence. The culpable act did not fall under provocation except....
The court applied exception 4 to Section 300 of the IPC to determine the appropriate charges and convictions based on the nature of injuries and the circumstances of the incident.
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