Sikkim Court December 2003 Judgments
Superintendent of Police, C.B.i., Spe/Acu (Vi) Vs. Sonam Wangdi
Court: Sikkim
Decided on: Dec-19-2003
Reported in: 2004CriLJ4349
ORDERR.K. Patra, C.J.1. The prosecution of the respondent for the offence punishable under Section 13(2) read with Section 13(1)(e) of the Prevention of Corruption Act, 1988 basing on the sanction given by the Central Government under Section 19(1) of the said Act has been invalidated by the learned Special Judge, Gangtok in his order dated 19th August, 2003 in Criminal Case (C.B.I.) No. 03 of 2002 on the ground that it also needed sanction from the State Government (which is wanting) in view of the fact that he was employed during the first part of the check period in connection with the affairs of the State. The validity of the said order is the subject-matter of the challenge in this revision filed on behalf of the Superintendent of Police, SPE/CBI.2. Charge-sheet was filed against the respondent under Section 13(2) read with 13(1)(e) of the Prevention of Corruption Act, 1988 (hereinafter referred to as the 'Act') in the Court of learned Special Judge on 2nd December, 2002 on the al...
Tag this Judgment!Ranjit Roy and anr. Vs. State of Sikkim
Court: Sikkim
Decided on: Dec-15-2003
Reported in: 2005CriLJ613
R.K. Patra, C.J.1. This appeal filed on behalf of the two appellants is directed against the judgment dated 31st December, 2002 of the learned Sessions Judge (E and N), Sikkim at Gangtok in Criminal Case No. 31 of 2001 convicting them under Sections 302/ 380/34, I.P.C. Both of them have been sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 2,000/- (Rupees two thousand) each under Sections 302/34, I.P.C. They have also been sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs. 1,000/- (Rupees one thousand) each for the offence under Sections 380/ 34, I.P.C. Both the sentences are to run concurrently.2. The prosecution case is as follows :-At the relevant time Monorama Devi (hereinafter referred to as the 'deceased') was residing near Metro Point, Gangtok in a rented house with her husband Lalan Prasad P.W. 1 and two sons Ranjit P.W. 2 and Raju P.W. 3. In June, 2001 the deceased sub-let one room to Shibu P.W. 4. The said room was be...
Tag this Judgment!Prem Subba and anr. Vs. State of Sikkim
Court: Sikkim
Decided on: Dec-08-2003
Reported in: 2004CriLJ1084
ORDERN.S. Singh, J.1. The order dated 12th August, 2003 passed by the learned Sessions Judge (S & W), Namchi in Criminal Case No. 7 of 2003 is the subject matter under challenge in this revision petition.2. The facts of the case, in a short compass, leading to the filing of this revision petition are as follows :--The petitioner who is the accused person in connection with a Criminal Case No. 7 of 2003 stood trial for offence punishable under Section 307 of the Indian Penal Code before the Court below and the related charge has been framed against the accused-petitioner did not plead guilty, and claimed for trial; the trial Court started examination of as many as prosecution witnesses and, later on, the trial Court below fixed date for examination of the Investigating Officer (I.O.) and, in the mean time, the prosecution filed an application on 12th August, 2003 for examination of a witness, namely, Shri Pem Tshering Bhutia, son of Shri Chadar Bhutia, resident of Siribadam, West Sikkim...
Tag this Judgment!Smt. Kanta theeng Vs. State of Sikkim
Court: Sikkim
Decided on: Dec-08-2003
Reported in: 2004CriLJ728
ORDERN.S. Singh, J. 1. The order dated 29th May, 2003 passed by the learned Sessions Judge, East and North at Gangtok in Criminal Appeal No. 14 of 2003 dismissing the appeal of the present petitioner, Smt. Kanta Theeng and affirming the orders dated 19th March, 2003 and 20th March, 2003 passed by the learned Chief Judicial Magistrate, East and North at Gangtok in Criminal Case No. 63 of 2002 is the subject-matter under challenge in this revision-petition.2. The facts of the case, in a short compass, are as follows :--The present petitioner, Smt. Kanta Theeng stood surety for the accused-Subhash Chandra Bhakta in connection with Singtam P.S. Case No. 5(3) of 2001 under Sections 170/384/34 of the Indian Penal Code in terms of the related order dated 23rd March, 2001 passed by the learned Sessions Judge, East and North at Gangtok in Criminal Misc. Case No. 36 of 2001 and in that regard, the present petitioner, Smt. Kanta Theeng executed a surety bond for a sum of Rs. 20,000/- on 23rd Marc...
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