Accused in murder case of Lokendra Kharga is found to be minor, Case started against the pub

KalimNews, Kalimpong, 4 May 2023: The accused in the murder of a person near 9th Mile in the night of 29th March 2023 has proved to be minor. According to the police investigation it was found that the accused at the time of the commission of the offence is found to be under 18. 

As per the provision this case will be transferred to Juvenile Justice Board. Necessary application has been made before the court for transfer of the case to JJB. 

Further investigation also revealed that the witnesses were under 21 and the accused who was under 18 had consumed alcohol in Roxberry Pub and Cafe. 

Police has lodged a separate case under section 77 JJ Act read with 51 Bengal Excise Act against the owners and managers of Roxberry Pub for serving intoxicating substance to under 18 and under 21 persons respectively. This offence is non bailable offence carrying punishment and fine.

(Note: Bengal Excise Act, 1909, Section 51 (c): Penalty for certain unlawful acts of licensed vendors or their servants. - (1) If any licensed vendor, or any person in his employ and acting on his behalf sells or delivers any spirit or intoxicating drug to any [person] apparently under the age of [twenty-one years,] whether for consumption by such [person] or by any other person. and whether for consumption on or off the premises of such vendor;   

he shall be liable to imprisonment for a term which may extend to six months or to fine which may extend to five hundred rupees or to both.)

The accused persons applied for anticipatory bail in the court of the District judge Kalimpong which was rejected by the Ld. Court on 28.04.2023. 

Subsequent raids were conducted at the houses of the FIR accused persons but they were found not available and the investigation is in progress.

It is reminded that one, Lokendra Khadga (26) was brought to Kalimpong District Hospital with injuries late on Wednesday night. He died early on Thursday. Later on Thursday morning Kalimpong District Police arrested one resident of Kalimpong, on charge of murder (name and place withheld).

The accused was identified on the basis of CCTV footage, which showed that the accused pushed down Lokendra of 8th Mile down the hill side leading to head injuries to the victim. 

Later The accused was arrested by the police hiding in a forest and produced before the court on 31st March 2023.