Sikkim Court September 1978 Judgments
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Raj Kumar Rai Vs. State
Court: Sikkim
Decided on: Sep-15-1978
Reported in: 1979CriLJ310
ORDERA.M. Bhattacharjee, J.1. The accused-appellant has been convicted on his own plea of guilty to a charge under Section 25 (1) of the Arms Act, 1959, which has been extended to Sikkim by the President by a notification under the provisions of Oreder (n) of Article 371F of the Constitution of India on 16th May, 1975, and enforced on 1st Aug., 1976. The charge was that the accused on or about 19th Feb.. 1978, had in his possession a revolver and one live cartridge without any licence therefor and the accused has been sentenced to suffer rigorous imprisonment for one year.2. If the Amu Act, 1959, ii validly operative in Sikkim as a result of its extension to and enforcement in Sikkim under the provisions of Article 371F (n) of the Constitution, then the conviction must be maintained and the appeal must be dismissed as there is and can be no other challenge to the conviction in this case.3. Under Section 412 of Cr.P.C. 1898, which is still now the law relating to Criminal Procedure in S...
Karmadhan Lama Vs. State of Sikkim
Court: Sikkim
Decided on: Sep-14-1978
Reported in: 1979CriLJ610
A.M. Bhattacharjee, J.1. The accused-appellant has been convicted under Section 409 of the Indian Penal Code in five criminal cases being Criminal Cases Nos 50, 53 54. 55 and 56 of 1971 and has been sentenced to suffer rigorous imprisonment for various terms, which are to run concurrently, and also to pay fines of various amounts on the charge that being a Mondal appointed to collect land-revenue and as such being entrusted with the amounts, so collected, he committed criminal breach of trust in respect of such amounts. As the alleged breach of trust related to five different periods in five different years, not amenable to one trial, five different cases were launched and all of them, as already noted, have ended in conviction and the accused has preferred five separate appeals in respect of those five cases. This judgment will govern all the five appeals, being Criminal Appeals Nos. 3, 4, 5, 6 and 7 of 1977.2. The prosecution examined one Dhanlal Rai in all these five cases as one of...
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