Decided on June 15,2010

RAJ KUMAR Appellant


BARIN GHOSH, J. - (1.) BY the judgment and sentence under appeal, the appellant has been convicted to have committed murder of a person allegedly named Raju alias Surendra Kumar, aged about 34 years, and allegedly a resident of Ludhiana, Punjab.
(2.) IN short, the case of the prosecution is that the appellant along with the deceased came to Gangtok on 7.7.2002 and stayed in Room No. 5 of Hotel Green, M.G. Marg, Gangtok. On 8.7.2002, the appellant along with the deceased travelled in a vehicle towards 8th Mile, J.N. Road, Karma Namgyal Bhutia was driving the said vehicle. The vehicle could reach upto 8th Mile, J.N. Road and could not proceed further as a land slide had occurred. Dropping the appellant and the deceased, Karma Namgyal Bhutia returned from 8th Mile, J.N. Road. The appellant and the deceased started walking on foot towards 15th Mile, J.N. Road. On 8.7.2002 at 17.30 hrs., Head Constable Lakpa Tshering Lepcha and Constable Dhan Kumar Pradhan, while on patrolling duty, saw a dead body lying in a pool of blood below the 17th Mile, Menla Road. On 8.7.2002 at 19.00 hrs., Head Constable Lakpa Tshering Lepcha arrested the appellant at 9th Mile in presence of Tenzing Bhutia, Phurba Sherpa and Topgay Bhutia.
(3.) AT 19.15 hrs. of 8.7.2002 the appellant identified the dead body as that of Raju alias Surendra Kumar, a resident of Ludhiana, Punjab, when inquest was being made. At that time, it transpired that there was a deep cut of approximately 4 inches on the back of the neck of the deceased by a sharp weapon and there was a cut mark by sharp weapon on the little finger of left hand of the deceased measuring approximately 4 inches long along with tongue bitten and deep cut on the left wrist. The deceased was then wearing cotton shirt and vest, cotton pant, leather shoes and socks as well as a leather belt.;

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