- (1.) This appeal is directed against the Judgment dated 29.08.2011 passed by the learned Sessions Judge, Special Division-I, Sikkim at Gangtok in S. T. Case No. 8 of 2010; State of Sikkim versus- Rakesh Rai alias Spiderman, whereby the appellant/accused has been convicted for offences under Sections 332/333/224 of the I. P. C. and vide a separate Order of even date, the appellant has been awarded the following sentences: - a) Convict shall undergo imprisonment for a term of two years under Sec. 224 IPC, b) Convict shall undergo imprisonment for a term of three years under Sec. 332 IPC. c) Convict shall undergo imprisonment for the maximum period of 10 years and shall also pay a fine of Rs. 1000/- under Sec. 333 IPC. In default of payment of fine, convict shall undergo further imprisonment of one year. The period of detention undergone further ordered to be set off. The sentences ordered to be run concurrently.
(2.) When this matter was taken up for consideration on 27.06.2012, Mr. N. Rai, learned Senior Counsel appearing for the appellant, fairly submitted that he does not want to challenge conviction and prayed for reduction of sentences awarded to the appellant. Arguments have been accordingly heard only on the question of reduction of sentence.
(3.) In view of the short question argued before us, the facts relevant for the purpose are being briefly noticed hereunder. 3.1 The appellant was an under-trial prisoner at State Jail, Rongyek, East Sikkim. On 21.07.2005 at 0230 hrs. , a written complaint was received from one Shri Parasmani Pradhan, NDO at State Jail, Rongyek, East Sikkim alleging that on the intervening night of 20.07.2005 and 21.07.2005 at about 0140 hrs. , while he was on duly and patrolling around the prison, he heard a whistle being blown from the ward no. 4 section. He rushed towards the said area and broke open the lock on the perimeter gate of ward no. 4. It was further stated that on reaching the front gate along with some other guards, he saw the accused Rakesh Rai @ Spiderman beating the warder Suraj Kumar Chettri (P. W. 9) in the passage with a wooden plank. He along with guards managed to overpower the accused and locked him in cell no. 7. It was further stated that after a little while the accused UTP was lying on his bed. He slit his own throat and had to be rushed to STNM Hospital for treatment. 3.2 On the basis of the written report, an FIR vide No. 100(7) 05 dated 21.07.2005 was registered at Sadar Police Station against the appellant under Section 307/333 of the IPC. After registration of the FIR, the investigation was taken in hand. On completion of investigation a charge-sheet under Section 173 of the Cr. P. C. came to be filed in the Court. The investigation revealed that warder Suraj Kumar Chettri (P. W. 9) was on night reserve duty at Sikkim State Jail, Rongyek from 1700 hrs. on 20.07.2005 to 0800 hrs. on 21.07.2005 having been deployed by the night duty officer ASJ Parasmani Pradhan (P. W. 3) that evening for night duty at the Maximum Security Ward No. 4. It was further found that ASJ Parasmani Pradhan re-deployed HG Ram Lall Gurung (P. W. 12) who was also on night reserve duty at Sikkim State Jail from 1700 hrs. on 20.07.2005 to 0800 hrs. on 21.07.2005 for night duty at the same place together with warder Suraj Kumar Chettri. At about 2230 hrs. on 20.07.2005, HG Ram Lall Gurung joined warder Suraj Kumar Chettri for night duty. After checking all the cells, warder Suraj Kumar Chettri brought and spread his bedroll out of the passage between the cell no. 2 and 3. He, being unwell due to boil on his abdomen, laid down on his bed at about 0030 hrs. after informing his counterpart HG Ram Lall Gurung (P. W. 12) to remain to duty and wake him up at 0200 hrs. on 21.07.2005. 3.3 Warder Suraj Kumar Chettri after lying down in his bed began listening to his radio on his ear phones, when UTP Rakesh Rai lodged in cell no. 7 spoke out from the surveillance hole to warder Suraj Kumar Chettri that he too wants to listen to the radio. Warder Suraj Kumar Chettri switched off his radio and conversed with the accused Rakesh Rai regarding his other criminal cases. He again began listening to his radio. HG Ram Lall Gurung, in the meantime, went to attend the call of nature in cell no. 5 of Maximum Security Ward no. 4. The accused unscrewed the knots on the bolt on the door through the surveillance hole and allegedly flung open the door of the cell no. 7 and came out to the passage where warder Suraj Kumar Chettri was lying down in his bed. 3.4 On hearing the sound of the door being flung open, Suraj Kumar Chettri woke up and found accused standing over him armed with a wooden plank. On seeing this, warder Suraj Kumar Chettri cried out to the other guards and, in the meantime, accused hit him on the head with the wooden plank. As a result, warder Suraj Kumar Chettri fell unconscious on his bed with blood oozing out from his head. It is further alleged that P. W. 12, HG Ram Lall Gurung, who went to attend the call of nature, heard the sound of the wooden plank being struck in the passage. The accused, in the meantime, reached over to the cell no. 5 and also struck HG Ram Lall Gurung with the same wooden plank. HG Ram Lall Gurung tried to protect himself by shielding himself with his hands. During the scuffle, the accused struck HG Ram Lall Gurung on the head with the same wooden plank. The inmates of the Maximum Security Ward no. 4 also cried out seeing this happening. Rakesh Rai returned to the passage of Maximum Security Ward no. 4 and started hitting the doors of cell nos. 6, 4, 3, 8 & 9 from where the inmates were crying and opened the doors of the cell nos. 4 & 3 and asked the inmates to come out. The inmates remained inside their cells. 3.5 In the meantime, ASJ Parasmani Pradhan accompanied by warder Nochi Bhutia (P. W. 10) and Thendup Bhutia (P. W. 8) arrived at the perimeter gate of the maximum Security Ward no. 4 where warder Sukhbir Sunar (P. W. 4) and warder Tseten Bhutia (P. W. 5) had already arrived. ASJ Parasmani Pradhan had brought a hammer from the administrative office and broke open the lock on the perimeter gate with the hammer and entered the premises of the Maximum Security Ward no. 4, where he found HG Ram Lall Gurung running out and bleeding from his head. He also found the accused hitting warder Suraj Kumar Chettri with the wooden plank. He called out to the accused to throw the wooden plank and get into his cell but was threatened by the accused. ASJ Parasmani Pradhan, thereafter, picked up steel plates and mugs kept outside the doors of cell nos. 9 and 10 and hurled them at Rakesh Rai. He took cover behind the door of his cell no. 7. ASJ Parasmani Pradhan managed to snatch the wooden plank, which had stuck in the door of cell no. 7. He then placed some of the warders in the passage to guard the accused and other inmates. Warder Suraj Kumar Chettri and HG Ram Lall Gurung were taken down to the administrative office and later sent to STNM Hospital for medical examination. 3.6 In the meantime, it was found that the accused slit his throat with a blade while lying on his bed in cell no. 7 and he was also taken to the STNM Hospital. The investigating agency prima facie found offences under Sections 307/333/332/224 of the IPC established against the accused/appellant and filed the charge-sheet. The trial Court on consideration of the material on record framed charge against the accused under Sections 307/333/332/224 IPC. The accused having pleaded not guilty was put to trial. 3.7 Prosecution examined witnesses including the I. O. and after recording the statement under Section 313 Cr. P. C. and hearing the parties, the learned Sessions Judge, Special Division-I, Sikkim at Gangtok passed the impugned Judgment of conviction and awarded the sentences noticed above, while acquitting the accused for offence under Section 307 IPC.;