Sikkim Court April 2010 Judgments

Damber Bahadur Chhetri Vs. State of Sikkim

Court: Sikkim

BARIN GHOSH, C. J. (1.) Homicide of Dawa Tamang was reported by a First Information Report. Accordingly, Sadar Police Station case was registered under Section 302, IPC against unknown persons. In course of investigation, pursuant to the said First Information Report, led to arrests, search and seizures. On completion of investigation, charge-sheet was filed against the appellant and against one Kishore Thapa. The appellant was the first accused and Kishore Thapa was the second. On the basis of the charge- sheet and supporting materials charges were framed against both the accused persons under Section 450 read with Section 34, Section 302 read with Section 34 and Section 380 read with Section 34 of IPC. In order to prove its case prosecution examined as many as 19 witnesses and produced many exhibits. (2.) The trend of the evidence thus produced suggests that the deceased was in disturbed mind before his homicide. In course of a conversation with P.W. 5, which took place 7-8 days befo...