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Sikkim Court April 2012 Judgments

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Apr 20 2012

State of Sikkim Vs. Rakesh Rai @ Vishal Rai @ Purna Rai and Another

Court: Sikkim

Decided on: Apr-20-2012

Wangdi, J. 1. This Appeal is directed against the judgment dated 20-05-2011 passed by the Learned Sessions Judge, South and West Sikkim at Namchi in S.T. Case No.21 of 2004 (hereinafter referred to as the impugned judgment) by which the Respondents were acquitted of the offences under Sections 302/34 of the Indian Penal Code (in short IPC). 2. The case of the prosecution material for disposal of the Appeal is that on 28-11-2003 at about 0930 hrs. P.W.54, PI S. R. Shenga, the O.C., Kaluk Police Station, West Sikkim, received a telephonic information from the I/C Dentam Out Post stating that one unidentified body of a male had been found below the road near Liching Busty, West Sikkim, which led him to register Kaluk P.S. U/D Case No.11(11)03 dated 28- 11-2003 under Section 174 of the Code of Criminal Procedure, 1973, (in short Cr.P.C.) and to take up its investigation. 3(i). The investigation led to the inspection of the place of occurrence located at Dentam-Pelling Road at Liching Busty...


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