Court : Sikkim
Reported in : 2004CriLJ4747
..... at that time, he got message that there was a telephone call to him from ranipool police station in the house of the vice-president of east district panchayat. ..... 1 was informed that there was a telephone call to him from ranipool police station in the house of the vice-president of east district panchayat. .....
Tag this Judgment!Court : Sikkim
Reported in : 2010CriLJ825
aftab h. saikia, c.j.1. heard mr. a. moulik, learned senior counsel assisted by mr. b. k. gupta, learned counsel for the appellant. also heard mr. j. b. pradhan, learned public prosecutor with mr. karma thinlay, learned additional public prosecutor and mr. s. k. chhetri, learned assistant public prosecutor for the state.2. this criminal appeal is directed against the judgment and order dated 30-7-2008 passed by the learned sessions judge (south & west), namchi in sessions trial case no. 22 of 2005 whereby the appellant has been convicted under sections 489b and 489c of the indian penal code (in short 'ipc') and sentenced to undergo imprisonment for 2 years and 6 months and to pay a fine of rs. 35,000/- (rupees thirty-five thousand) under section 489b of the ipc and to pay a fine of rs. 15,000/- (rupees fifteen thousand) under section 489c.3. the facts of the case in brief as unfolded by the prosecution may briefly be stated as follows:one shri gulam singh rai (pw2) of baiguney busty in south sikkim accompanied by his aunty maity rani rai (pw3) came to jorethang bazar in south sikkim for, the purpose of pawning an item of gold jewellery called 'maitighar' belonging to smt. nar maya rai (pw4) with a pawnbroker in order to raise some cash money for making some purchase on the occasion of his brother's wedding. after reaching jorethang bazar they pawned the gold jewellery with the pawnbroker, i.e., the accused appellant and obtained cash of rs. 2,000/- in the denomination rupees .....
Tag this Judgment!Court : Sikkim
Reported in : 2004CriLJ3196
..... pw-1 the panchayat president ort being informed reported about the incident to the police over telephone. ..... with the loss of soft tissues in some areas. .....
Tag this Judgment!Court : Sikkim
Reported in : 2006CriLJ2999
..... after the autopsy of the dead body of the deceased was completed the same was handed over to the local panchayat. .....
Tag this Judgment!Court : Sikkim
wangdi, acj. this is an appeal under section 378 of the code of criminal procedure against acquittal of the respondent/accused of the charges under section 376/511 ipc in s. t. case no.11 of 2009, passed by the learned sessions judge, south and west sikkim at namchi by the impugned judgment dated 04.05.2012. 2. the respondent/accused had been charged sheeted under the aforesaid provisions by the sombaria p.s., west sikkim, consequent to a written fir submitted by one phurba sherpa of lower ribdi, west sikkim, stating that his daughter aged about 13 years had been sexually abused by the respondent/accused. resultantly a case under section 376 ipc was registered against him under sombaria police case no.04(03)09 dated 23.03.2009. upon completion of the investigation, charge sheet under section 376 ipc was filed against the respondent/accused for being tried in accordance with law. 3. during the trial, the prosecution examined as many as 17 witnesses and exhibited 25 documents. the learned trial court after considering the evidence on record came to a finding that the prosecution had failed to prove not only the charge under section 376/511 ipc but also the minor offence under section 354 ipc even if it exercised its powers under sub section 2 of section 222 of the code of criminal procedure. these facts are sufficient for disposal of the present appeal. 4. in the appeal, the appellant - state has sought to assail the impugned judgment only to the limited extent of the finding .....
Tag this Judgment!Court : Sikkim
Reported in : 2003CriLJ1903
..... 1, member of sama lingum gram panchayat to the effect that the accused-appellant had killed one dawa rinzing bhutia at daraily forest and accordingly, the said smt. .....
Tag this Judgment!Court : Sikkim
Reported in : 2003CriLJ4295
ordern.s. singh, j.1. the order dated 9th april, 2003 passed by the judicial magistrate, east sikkim at gangtok in criminal case no. 8 of 2003 (d.c.) is the subject-matter under challenge in this petition under sections 401/482 of the code of criminal procedure filed by the present three petitioners.2. the complainant, shri b.b. mishra, the respondent no. 1 herein, filed a complaint petition against the present three petitioners and two others in the court of the judicial magistrate, east sikkim at gangtok for taking necessary legal action against them for committing the offence punishable under sections 420/406/418/427/34 of the indian penal code by contending, inter alia, that the complainant was appointed as a dealer of the petitioners-company with effect from 1996-1997 and the complainant used to operate selling and exhibiting electronics articles manufactured by the petitioners-company from his shop-cum-show-room situated at p.s. road, gangtok and the complainant used to place orders to the petitioners-company and also used to make advance payment for the said orders. but, over the years huge amount of excess amount accumulated with the accused persons (petitioners-company and others) which came to the tune of rs. 10,00,000/- (rupees ten lakhs) only for which the complainant requested the petitioners-company to reconcile the accounts but the accused-company though orally assured the complainant but never gave any reply to the complainant's letter nor did they reconcile .....
Tag this Judgment!Court : Sikkim
Reported in : 1993CriLJ3823
orders.n. bhargava, c.j.1. this is a criminal revision seeking to quash the order of the learned judicial magistrate, east, by which she had taken cognizance of the case against the petitioner.2. the complaint was filed by non-petitioner no. 1, in the court of the district magistrate, east on 15-4-92, stating therein that he had advanced a cash loan of rs. 4,2307-to the accused petitioner, who issued two cheques one for rs. 2,500/- dated 11-10-91 and the other for rs. 1,730/- on 28-11-91 which was post dated for 1-3-1992. according to the complainant, he presented the cheques for the sum of rs. 1,730/- on 1-3-1992 but it was not cashed. he received an intimation from the bankers that the cheque had been dishonoured for the reason 'payment stopped by the drawer'. complainant gave a notice under section 138 of the negotiable instruments act, 1881 (hereinafter referred to as the act), but the accused petitioner did not pay the amount. therefore, he filed this complaint praying that the accused may be punished for committing offence under section 138 of the act. statement of the complainant was recorded who produced certain documents including the intimation from the bank. substance of the allegations were read over to the accused petitioner who pleaded not guilty. against this order, the present criminal revision has been filed. in this, complainant has filed a written reply to the revision petition. arguments have been heard and the records perused.3. the only point to be .....
Tag this Judgment!Court : Sikkim
Reported in : 2003CriLJ2173
n. surjamani singh, j.1. heard mr. m. chandran, the petitioner herein.upon hearing the petitioner-in-person and also on perusal of the available materials on record, i am of the view that this matter can be disposed of finally on its own merit, at this stage, and accordingly, this revision-petition is hereby disposed of with the following short order :--order dated 24-12-2002 passed by the learned sessions judge (east and north) sikkim at gangtok in criminal case no. 2 of 2002 is the subject-matter under challenge in this revision-petition.the facts of the case in a short compass are as follows :--the petitioner filed a complaint petition under section 500, i.p.c. read with section 499, indian penal code against the present respondent by contending inter alia, that the respondent had published defamatory remarks made by one shri k.n.p. nair in four letters against the petitioner-complainant including the related 'explanatory note' containing the defamatory remarks against the petitioner. some of them are :-- (i) that the complainant being a divorcee (then) was a serious blot and stigma, and (ii) that the complainant had allegedly volunteered to type out his appointment order and changed his designation from-'vice-principal (administration)' to 'vice-principal,' and there is also an allusion that the complainant's resignation from the i.t. department deserved investigation as the cause. on the basis of the said complaint-petition, the learned chief judicial magistrate (east .....
Tag this Judgment!Court : Sikkim
Reported in : 1983CriLJ1909
ordera.m. bhattacharjee, actg. c.j.1. the learned judicial magistrate, on receipt of the complaint on transfer from the district. magistrate on 20-11-1979 thought it fit to postpone issue of process and to inquire into the case himself under section 202 of the code of criminal procedure and, after taking about 16 months to make such inquiry, ultimately dismissed the complaint on 25-3-1981 under section 203 of the code, finding no sufficient materials to proceed further on an application filed by the complainant praying for revival of the case, the learned magistrate registered the same as,a separate misc. case on 23-7-1981, issued notice on the accused-opposite party and on the appearance of the latter, handed over a copy of the application to him for filing objection, if any, and on receipt of his written reply on 18-3-1982, heard the parties on 26-4-1982 and finding that 'the o. p. has no objection to the application' ordered that 'the dismissed case stands accordingly revived and the dismissed case, therefore, stood revived about 13 months after the same was dismissed. and then, after proceeding with the revived complaint for about 7 months, the learned magistrate found that 'this case was restored through inadvertence' and ordered that 'further proceedings thus stand closed'. the complainant, having felt aggrieved with this fate of his complaint after a long lapse of about 3 years has moved this court in revision. i, very much regret that it took the learned magistrate .....
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