Sikkim Court September 2000 Judgments
K.S. Gurung Vs. Ramananda Prasad and anr.
Court: Sikkim
Decided on: Sep-15-2000
Reported in: 2001CriLJ3072
Ripusudan Dayal, C.J.1. This criminal revision was registered suo motu by this Court against the order dated 28th March, 2000 passed by the learned Chief Judicial Magistrate, East and North in Criminal Case No. 6 of 1999 K.S. Gurung v. Ramananda Prasad whereby the accused was convicted under Section 16 of the Prevention of Food Adulteration Act, 1954 and sentenced on the plea of guilty to undergo simple imprisonment till the rising of the Court and fine of R Section 3000/- and in case of default in payment of fine to undergo simple imprisonment for a further period of six months. Reason for registering the criminal revision suo motu was that an offence under Section 16 is punishable with imprisonment for a term which shall not be less than six months but which may extend to three years and with fine which shall not be less than Rs. 1000/-. Under the proviso to that Section, the Court may, for any adequate and special reasons to be mentioned in the Judgment, impose a sentence of impriso...
Tag this Judgment!Tashi Wangdi Vs. T.D. Rinzing and ors.
Court: Sikkim
Decided on: Sep-07-2000
Reported in: 2001CriLJ3441
ORDERRipusudan Dayal, C.J.1. This application has been file by the petitioner, who was at the relevant time posted as Chief Judicial Magistrate (East & North), Sikkim for expunging the remarks made by Shri T.D. Rinzing, the then District and Sessions Judge (East and North) in his order dated 24th Oct. 1997, in Criminal Case No. 15/97, State v. Indra Bahadur Chettri to the following effect :On perusal of the records it is seen the that although Section 307 IPC is a Non bailable officence, yet, the Ld. Chief Judicial Magistrate (E) had released the accused on bail for a sum of Rs. 5,000/- with one surety in like amount and that too without a bail application from the accused. This is not only illegal but also ridiculous.The Ld. Chief Judicial Magistrate, Shri T. Wangdi (E) should not repeat such lapses in future.2. There is no doubt the grant of bail by the Chief Judicial Magistrate, in the case under Section 307 IPC was beyond his jurisdiction inasmuch as the offence under Section 307 I...
Tag this Judgment!In Re: Bed Kumar Rai
Court: Sikkim
Decided on: Sep-01-2000
Reported in: 2001CriLJ2683
R. Dayal, C.J 1. This criminal revision was registered by this Court on its own motion to be satisfied as to the correctness, legality and propriety of the order dated 14th October, 1999 delivered by the Sessions Judge, South and West, Gangtok in Criminal Case No. 12 of 1999. Charge sheet was filed agianst the respondent Bed Kumar Rai under Section 302, IPC. At the stage of framing the charge, by the order dated 14th October, 1999, the learned Sessions Judge discharged the accused discarding the second dying declaration recorded at S.T.N.M. Hospital, Gangtok at 21.10 hours and the deceased died within 23 hours on the same day, which means that the second dying declaration was recorded shortly before the death of the deceased. The learned Sessions Judge recorded his opinion that the first dying declaration in which the accused had not been implicated, appeared to be true. While giving reason for discarding the second dying declaration, the learned Sessions Judge stated that, in one part...
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