Sikkim Court March 2001 Judgments
Dilip Darjee Vs. State of Sikkim
Court: Sikkim
Decided on: Mar-26-2001
Reported in: 2002CriLJ1063
Dayal, C.J.1. This appeal is directed against the Judgment and Order passed by the learned Sessions Judge (East and North), Gangtok in Criminal Case No. 17 of 1998 convicting the appellant under Section 302, IPC for causing the death of Jaggi Maya Darjee and under Section 382, IPC for committing theft of her personal belongings after having made preparation for causing her death. The appellant was sentenced to undergo imprisonment for life and also to pay fine of Rs. 5,000/- and in default to undergo further rigorous imprisonment for six months for the offence under Section 302, IPC and for rigorous imprisonment for a period of three years with fine of Rs. 2,000/-and in default of payment of fine to undergo further rigorous imprisonment for four months for the offence under Section 382, IPC. Both the substantive sentences were directed to run concurrently.2. The deceased, Jaggi Maya Darjee, was the resident of Sama Sivik, Lingdum Busty under the Sadar Police Station, East Sikkim. Prose...
Tag this Judgment!Ran Tshering Lepcha Vs. State of Sikkim
Court: Sikkim
Decided on: Mar-21-2001
Reported in: 2002CriLJ511
Ripusudan Dayal, C.J. 1. This appeal is directed against the judgment and order passed in Criminal Case No. 12 of 1998 by the learned Sessions Judge (East and North), Sikkim convicting the appellant under Section 302, I.P.C. and sentencing him to undergo rigorous imprisonment for life with fine of Rs. 1,000/- (one thousand) and, in case of default of payment of fine, to further undergo rigorous imprisonment for six months, for having committed the murder of one Tekbir Bhujel of Samthar busty, Kalimpong, West Bengal at Namli Bhir near 9th Mile within the jurisdiction of the Ranipool Police Station on 18th May, 1998.2. Constable C.K. Ranapaheli (Darji), P.W. 4 was attached to Sadar Police Station at the relevant time. He is a resident of Singtam Bazaar. On the date of the occurrence, he came from Singtam Bazaar to Gangtok to attend to his duties as usual and on the way saw a person lying with his face downwards in a pool of blood near the rest house at Namli Bhir. He did not stop there a...
Tag this Judgment!Udai Man Gurung Vs. State of Sikkim
Court: Sikkim
Decided on: Mar-07-2001
Reported in: 2002CriLJ691
Ripusudan Dayal, C.J.1. The appellant has been convicted by the Sessions Judge, South and West Sikkim at Namchi under Section 302,I.P.C. for causing the murder of his wife, Romala Gurung and sentenced to undergo imprisonment for life and also to pay a fine of Rs. 2000/- and in default of payment of fine to undergo further imprisonment for two months.2. Prosecution case, in brief, is that during the night between 6th June, 1997 and 7th June, 1997, the appellant had a quarrel with his wife Romala Gurung, the deceased, and beat her up with bamboo stick and belt. His father, Man Bahadur Gurung, P.W. 1, his mother Ran Maya Gurung, P.W. 2 and his sister Hem Kumari Gurung, P.W. 4 tried to stop the appellant from beating his wife but they failed to do so and, therefore, the father of the accused went to the village and brought Harka Bir Gurung, P.W. 3, Purna Bdr. Gurung, P.W. 5, and Amar Gurung, P.W. 6 to stop the appellant from beating his wife but when they came back home at about 1.30 hrs o...
Tag this Judgment!In Re: Thigyal Lakhar
Court: Sikkim
Decided on: Mar-03-2001
Reported in: 2001CriLJ2662
ORDERAnup Deb, J.1. This Court, in order to be satisfied as to the correctness, legality and propriety of the order dated 6th May 1996 and 10th July 1996 passed by the Ld. Judicial Magistrate, East at Gangtok, in Criminal Case No. 44 of 1996 under Section 326 of the Indian Penal Code (in short IPC), directed the Criminal revision to be registered.2. A charge sheet was filed against one Thigyal Lakhar (hereinafter referred to as the opposite party) under Section 307, IPC before the learned Judicial Magistrate, East at Gangtok. The learned Judicial Magistrate, while taking cognizance of the offence under Section 326, IPC instead of Section 307, IPC against the opposite party recorded the following reasons :-.Accused has been alleged for the offence, under Section 307, IPC however on the perusal of the case record during the course of investigation the weapon used, a pistol was recovered with 6 live cartridges and one empty cartridge and the accused took victim to the nearest hospital for...
Tag this Judgment!State of Sikkim Vs. Tashi Gyaltsen
Court: Sikkim
Decided on: Mar-01-2001
Reported in: 2001CriLJ1612
Ripusudan Dayal, C.J.1 Notice was issued to the contemnor, Shri Tashi Gyaltsen, by this Court on its own motion for having made the following statement in Civil Misc. Application No. 254/2000 in RFA No. 35 of 2000 as General Attorney of the applicant, Chogyal Miwang Wangchuck Namgyal :6. The applicant submits that whilst having regard to the facts, circumstances and submissions contained in the Revision Petition the Revision ought to have been entertained and disposed of by this Hon'ble Court in exercise of its overall Revisional/ Appellate/inherent/Constitutional jurisdiction....since the Court was, prima facie, of the view that the aforesaid extract scandalizes, or tends to scandalize, and lowers or tends to lower the authority of this Court which amounts to criminal contempt within the meaning of Section 2(c) of the Contempt of Courts Act, 1971. In compliance with the notice, the contemnor has appeared and has tendered unconditional apology. Shri T.B. Thapa who has appeared for him ...
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