PHURBA LHAMU TAMANG Vs. STATE OF SIKKIM
LAWS(SIK)-2021-2-5
HIGH COURT OF SIKKIM
Decided on February 26,2021

Phurba Lhamu Tamang Appellant
VERSUS
STATE OF SIKKIM Respondents

JUDGEMENT

BHASKAR RAJ PRADHAN,J. - (1.) An application for bail under section 439 of the Code of Criminal Procedure, 1973 (Cr.P.C.) has been filed on 22.01.2021 by the applicant who has been charge-sheeted by the respondent. The learned Sessions Judge, East Sikkim at Gangtok (the learned Sessions Judge) has framed charges under sections 302 and 201 of the Indian Penal Code, 1860 (the IPC) against the applicant on 17.07.2020. Out of 21 prosecution witnesses, only one witness has been examined till date.
(2.) According to the prosecution, on 03.06.2019 a written report was received from the panchayat member of Upper Pachak, East Sikkim, stating that one Passang Kinzi Sherpa of the same village was found dead in the courtyard of the house owned by the applicant. Based on the information, Rangpo P.S U.D Case No. 10/2019 dated 03.06.2019 under section 174 Cr.P.C. was registered and endorsed to the Investigating Officer for investigation. During the investigation, the Investigating Officer found certain suspicious circumstances and on further examination, one witness named Nirmala Rai of Upper Pachak disclosed that the applicant had killed the deceased by twisting her neck inside the sitting room of the house. On receipt of the post mortem report, Rangpo P.S Case No. 18/2019 dated 20.06.2019 under sections 302/201 IPC was registered and investigated. The charge-sheet was filed thereafter. The applicant was arrested on 24.12.2019 and since then she continues to be incarcerated.
(3.) On 26.02.2020, the applicant preferred an application for bail under section 439 Cr.P.C. before the learned Sessions Judge which was heard and rejected on 03.03.2020 on the ground that the offences involved were serious, rather heinous in nature and the materials indicated her involvement. It was also noted that the trial was yet to commence and the witnesses, including vital witnesses, were yet to be examined.;


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