Sikkim Court March 2004 Judgments
Kashi Kant Jha Vs. State of Sikkim
Court: Sikkim
Decided on: Mar-15-2004
Reported in: 2004CriLJ2159
ORDERN. Surjamani Singh, J. 1. The order dated 6-8-2003, passed by the learned Sessions Judge, Special Division-II, Sikkim, in Criminal Case No. 15 of 2002 is the subject-matter under challenge in this revision petition.2. The accused/petitioner Shri Kashi Kant Jha has been facing trial under Sections 467/468/474/109 of the Indian Penal Code before the Court below. In the course of the trial, 9 prosecution witnesses have already been examined, and in the meantime, the accused/petitioner filed an application dated 18-6-2003 under Section 319, Cr.P.C. for taking cognizance of the offence against 3 persons -- PW Nos. 2, 5 and 6, namely, Madhav Sharma, Navin Dhakal and Bishnu Maya Sharma by contending inter alia, that the PW No. 5, Navin Dhakal had abetted the alleged offence with the accused/petitioner thus attracting a punishment under Sections 467/468/474 read with 109, IPC and whereas PW Nos. 2 and 6, namely, Madhav Sharma and Bishnu Maya Sharma were having the possession of the forged...
Tag this Judgment!Sanjay Subba Vs. State of Sikkim
Court: Sikkim
Decided on: Mar-09-2004
Reported in: 2004CriLJ3285
R.K. Patra, C.J.1. This appeal is directed against the judgment and order dated 22nd October, 2003 passed by the Sessions Judge (Special Division-II), Sikkim at Gangtok in Criminal Case No. 5 of 2002 by which the appellant stands convicted under Section 302, IPC and sentenced to undergo imprisonment for life and to pay a fine of Rs. 5,000/- (Rupees five thousand) with defaulting clause of imprisonment.2. The prosecution case is as follows : On 16th September, 2001, there was a football match between Decheling and Rongneck (Junior) teams at Chongey School ground. The match was won by Rongneck (Junior) team. After the match, there was some scuffle between the teams in which the accused Dawa Tamang (since acquitted under Section 232, Cr. P.C.) was assaulted by some members of Decheling team and the matter was settled at the intervention of the appellant. On the date of occurrence (18th September, 2001) the juvenile accused Vikram and Binoy while returning to their house after the school, ...
Tag this Judgment!Jivalall Sharma Vs. State of Sikkim
Court: Sikkim
Decided on: Mar-09-2004
Reported in: 2004CriLJ2147
N. Surjamani Singh, J. 1. Heard Mr. N. B. Kharga, assisted by Miss Sapna Rai, learned Counsel for the accused/appellant and Mr. J. B. Pradhan, learned Public Prosecutor for the State/respondent,2. The judgment dated 28-5-2003 passed by the learned Special Judge, Prevention of Corruption Act, (East and North) Sikkim at Gangtok in Criminal Case No. 1 of 2000 is the subject-matter under challenge in this appeal. The facts of the case in a short compass are as follows :--The accused, namely, Shri Jivalall Sharma (Ghimirey), member of Gram Panchayat (Aho Yangtam Unit), he being a public servant, received illegal gratification from 6 persons namely, Gorey Limbu, Man Bahadur Subba, Kama Singh Subba, Karbir Subba, Sancharaj Subba and Birman Subba to the tune of Rs. 5,000/-, Rs. 5,000/-, Rs. 5,000/-, Rs. 5,000/-, Rs. 5,000/-, Rs. 2,200/- and Rs. 500/- respectively as a motive or reward for helping them to receive the grant of Rs. 20,000/- by each of the said 6 villagers and that being the posit...
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