Sikkim Court June 2002 Judgments
Damber Bahadur Chettri Vs. State of Sikkim
Court: Sikkim
Decided on: Jun-29-2002
Reported in: 2005CriLJ808
Ripusudan Dayal, C.J.1. All these three appeals are directed against the judgment dated 20-8-2001 by the Court of the Special Judge (Human Rights) at Namchi in Criminal (Human Rights) Case No. 11 of 1996 whereby all the three appellants who were police constables were convicted under Section 342 and Section 304, Part II read with Section 34 of the Indian Penal Code and the order dated 23-8-2001 whereby each of them was sentenced to undergo simple imprisonment for four years under Section 304, Part II read with Section 34 of the Code and to undergo simple imprisonment for six months under Section 342 read with Section 34 of the Code. Both the sentences were directed to run concurrently.2. All the three appellants were attached to the Gyalzing Police Station in Dec. 1993. Prosecution case is that they wrongly confined Bimal Tamang alias Dhanraj Tamang of Darap Busty, West Sikkim in the Police Station during the night falling between 7th and 8th Dec. 1993 and caused injuries to him result...
Tag this Judgment!Sonam Sherpa Vs. State of Sikkim
Court: Sikkim
Decided on: Jun-25-2002
Reported in: 2004CriLJ4152
Ripusudan Dayal, C.J.1. This appeal is directed against the judgment and order dated 24-8-2001 by the learned Sessions Judge, South and West Sikkim at Namchi, whereby, the appellant was convicted under Section 302 of the Indian Penal Code for having caused the death of Khichung Bhutia on 9-4-2000 at about 9 p.m. and sentencing him to imprisonment for life and also to pay a sum of Rs. 5,000/- and in default of payment of fine to undergo further imprisonment for three months.2. During trial, evidence of ten prosecution witnesses including the Investigating Officer was recorded by the learned Sessions Judge. Thereafter, statement of the appellant was recorded under Section 313 of the Code of Criminal Procedure. In appeal, it was found on 24-6-2002 that some of the incriminating circumstances appearing in the evidence had not been put to the appellant by the learned Sessions Judge. Therefore, an opportunity was granted to him to explain those circumstances. Accordingly, a further statement...
Tag this Judgment!Prem Kumar Rai Vs. State of Sikkim
Court: Sikkim
Decided on: Jun-04-2002
Reported in: 2004CriLJ4702
Ripusudan Dayal, C.J. 1. Appellant, Prem Kumar Rai, and two other accused persons, namely, Dawa Tshering Tamang and Arun Kumar Subba were convicted by the learned Sessions Judge. South and West Sikkim at Namchi under Section 302 read with Section 34 of the Indian Penal Code and each of them was sentenced to undergo imprisonment for life and to pay a fine of Rs. 5,000 and in default of payment of fine to undergo further imprisonment for three months. Only one of them, namely, P. K. Rai who is referred in the judgment as accused No. 3, has filed this appeal.2. Accused No. 1, Dawa Tshering Tamang, is the nephew of Dhan Bahadur Tamang, PW-1. Prosecution case, in brief, is that on 15-11-1999 all the three accused persons came to the house of Dhan Bahadur Tamang at about 7.30 p.m. After some time, the deceased Bhim Bahadur Manger also came there. The accused had some hot discussion with accused Nos. 2 and 3, namely, Arun Kumar Subba and Prem Kumar Rai on some pecuniary matter. Thereafter, al...
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