(1.) This is an appeal from a judgment and sentence passed by the learned District and Sessions Judge Dr. Lepcha of East and North Sikkim. There were 5 accused in the case and all have been sentenced on the basis of charges filed under Sections 304, 201 and Section 34 of the IPC. The deceased was one Rajen Tamang, who, according to prosecution case, was killed by the accused on the night of or about 24th November 2003 which was also the birthday of one of the accused, Mohan Thatal. He was born on 24.11.1978 and is now in jail pursuant to events that transpired exactly 25 years after his birth.
(2.) The learned Judge has dealt with the prosecution evidence in detail but the part of the prosecution evidence mainly relied upon by him, is as follows. His own birthday party was arranged by the accused Mohan Thatal to be held at his brother's flat
(3.) It is enough to remark that Sabita Pradhan had no problem or hesitation about being with five/seven men alone and she was not surprised by this circumstance. The seventh one was P.W. 9, mentioned later. After the deceased was 'removed', five were left.
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