SONAM ZANGPO BHUTIA Vs. STATE OF SIKKIM

JUDGEMENT

(1.) This appeal is directed against the judgment dated 31-5-2002 passed by Shri S. W. Lepcha, learned Sessions Judge (East & North) at Gangtok in Criminal Case No.21 of 2002 convicting the appellant under Sections 302 and 201, IPC and sentencing him to life imprisonment and to pay a fine of Rs. 5.000/- in default to undergo further imprisonment for six months under Section 302 and to undergo rigorous imprisonment for one year and to pay a fine of Rs. 1.000/- in default to undergo further rigorous imprisonment for three months under Section 201. Both the sentences were made to run concurrently.

(2.) Briefly stated the prosecution case is as follows :- On 11-4-2000, Shri Gigme Bhutia, the complainant and his wife left for jungle to collect fire wood and fodder leaving behind his aged mother Somti Bhutia, the deceased and his infant baby aged about 6-7 months at home. The other daughter who was aged about 7 years had also left home to attend the village school in Sang. The complainant and his wife returned home from the jungle at around 2 p.m. On returning they found the house locked and his mother the deceased absent from home. For some time, the complainant thought that the deceased might have gone to the village to fetch his daughter but when she failed to return for a long time he along with the neighbours started search for the deceased. On extensive search being made by them, they came upon a blood stained trousers of the accused in the nearby cowshed. Thereafter, on breaking open the door of the bed room of the deceased, they found all gold ornaments, precious stones (zee mala) and cash amounts missingj. On further search in and around the house, the complainant found that the bundle of the broom stems staked by him had been, shifted to the corner. On removing the heap of broom stems they found the dead body of the deceased with blood stains lying concealed underneath the broom stems.

(3.) A verbal information regarding the incident was received at Singtam Police Station from I.C. Sang Out Post around 015 hours on 12-4-2000. On receipt of such information the I.O. along with his staff reached the spot where the I.C. Sang Out Post and his staff were found present and guarding the place of occurrence. Later on, a formal FIR regarding the incident was lodged by the complainant. On receipt of the FIR Singtam case No. 9(4) 00 was registered under Sections 302/380/201 IPC and investigation was taken up.