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Sikkim Court October 2004 Judgments

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Oct 13 2004

Arbind Chettri Vs. State of Sikkim

Court: Sikkim

Decided on: Oct-13-2004

Reported in: 2005CriLJ984

A.P. Subba, J.1. This appeal is directed against the judgment dated 13-8-2001 and order dated 28-8-2001 passed by Dr. S. W. Lepcha, Sessions Judge (East and North) in Criminal Case No. 7 of 2000, convicting the appellant under Sections 302 and 324, IPC and sentencing him under Section 302, IPC to undergo imprisonment for life and to pay a fine of Rs. 1000/-, in default to undergo further rigorous imprisonment for six months and under Section 324, IPC to undergo rigorous imprisonment for six months. All the sentences were to run concurrently.2. The prosecution case briefly stated is as follows :--On 15-10-1999, at 2300 hrs. the appellant along with his friend Banju Lachenpa, the deceased forced their way into the guest room in the first floor of Government Institute of Cottage Industry (GICI) building at Lachen by breaking open the latch of the door which was bolted from inside. Both of them were under the influence of liquor. After entering the guest room, the appellant and the decease...


Oct 11 2004

State of Sikkim Vs. Kul Chandra Baral

Court: Sikkim

Decided on: Oct-11-2004

Reported in: 2005CriLJ1027

R.K. Patra, C.J. 1. This appeal at the instance of the State is directed against the appellate judgment dated 13-8-2003 passed by the Sessions Judge (Special Division-I) in Criminal Appeal No. 2/2002 acquitting the respondent of the charge under Section 409 IPC who was convicted and sentenced thereunder by the Chief Judicial Magistrate (E & N) in Criminal Case No. 177/2000.2. Briefly stated the prosecution case is that at the material time, the respondent was an Assistant Sub-Inspector in-charge, Food Godown, Pakyong. In that capacity he was entrusted with and thus had full domain over the essential commodities like rice, sugar etc. stored in the godown. In course of physical verification of the stock huge discrepancies were noticed in the stock compared with the sale proceeds. Accordingly FIR was lodged against him and he was placed under suspension. During the period of suspension he deposited bank draft bearing No. 462612 dated 10-3-2000 for Rs. 2,10,000.00 with the department on 16...


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