Sikkim Court April 2000 Judgments
In Re: Writer Constable 1626 Damber Bahadur Chhetri and ors.
Court: Sikkim
Decided on: Apr-10-2000
Reported in: 2001CriLJ3003
Anup Deb, J.1. This criminal revision has been registered under orders of the Chief Justice in exercise of suo motu revisional powers under Section 397 read with Section 401 of the Code of Criminal Procedure Code, 1973 (in short in Cr.P.C.) in order to be satisfied as to the correctness, legality and propriety of the Judgment of conviction and order of probation passed by the Special Judge (Human Rights), Sikkim at Gangtok on the 3rd July, 1999 in Criminal Case (Human Rights) No. 11 of 1996 registered under Sections 342/304/34 of the Indian Penal Code (in short the I.P.C.) where the accused-Writer Constable 1626 Damber Bahadur Chhetri, Constable 1288 Sukraj Subba and the Home Guard Indra Kumar Sharma, Gyalshing Police Station, West District, Gyalshing were convicted under Sections 342/323/34,1.P.C. and were released on probation.2. The scope and object of revisional powers under Sections 435 and 439 of old Cr.P.C. and under Sections 397 and 401 of new Cr.P.C. have been discussed by the...
Tag this Judgment!Sarswati Devi and ors. Vs. State of Sikkim
Court: Sikkim
Decided on: Apr-07-2000
Reported in: 2001CriLJ3921
ORDERAnup Deb, J.1. By filing this revision petition the three accused persons (hereinafter referred to as the Convicts) namely, Smt. Saraswati Devi, Shri Govind Agarwal and Shri Bharat Prasad challenged the judgment of conviction and order of sentence passed by the learned Sessions Judge (South and West) in Criminal Appeal No. 1 of 1998 on the 18th September, 1998 wherein, the ld. Sessions Judge (South and West) dismissed the appeal and upheld the Judgment and Order of the ld. Judicial Magistrate, East Sikkim passed on the 4th May, 1990 in Criminal Case No. 34 of 1984 with modifications.2. After hearing the argument of Mr. Ghosh, Advocate for petitioner and Mr. Sharma, Public Prosecutor at length it is considered not necessary to examine the depositions of the witnesses. Although revisional power of the High Court under Section 439 read with Section 435 of old Cr.P.C. corresponding to Section 401 and 397 of new Cr.P.C., is as wide as the power of Court of appeal under Section 423 of t...
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