Sikkim Court April 2004 Judgments
Sonam Tshering Bhutia Vs. State of Sikkim
Court: Sikkim
Decided on: Apr-27-2004
Reported in: 2004CriLJ3136
ORDERR.K. Patra, C.J.1. This revision is directed against the judgment dated 31-12-2003 of the learned Sessions Judge, Special Division-II, Sikkim at Gangtok in Criminal Appeal No. 4 of 2002 upholding the conviction and sentence under Sections 380/403/420/ 467/471, 1PC passed by the learned Chief Judicial Magistrate (East and North) at Gangtok in Criminal Case No. 184 of 2000.2. The case of the prosecution is, that the petitioner was a head peon in the office of Art and Culture, Government of Sikkim and in that capacity misappropriated stationeries worth Rs. 3,57,166.00 supplied by the Sikkim Consumer Co-operative Society to the Department of Art and Culture by presenting false supply orders to the said Co-operative Society.3. The prosecution examined a number of witnesses and exhibits.4. The plea of the petitioner is one of denial.5. On the basis of the evidence adduced in the case, the learned trial Judge found the petitioner guilty of the offences mentioned above and sentenced him t...
Tag this Judgment!Drona Bir Rai Vs. State of Sikkim
Court: Sikkim
Decided on: Apr-13-2004
Reported in: 2004CriLJ3196
R.K. Patra, C.J.1. This appeal is directed against the judgment and order dated 26-11-2001 passed by the learned Sessions Judge (S&W;), Namchi in Criminal Case No. 3/2001 convicting the appellant under Section 302, IPC for committing murder by intentionally causing the death of his maternal uncle, Ran Bahadur Rai and sentencing him to imprisonment for life and to pay a fine of Rs. 10,000/- with a defaulting clause of sentence.2. The prosecution story emerging from the FIR and the evidence on record is as follows :Ran Bahadur Rai (hereinafter referred to as the deceased) and his father Bartaman Rai (PW-10) were staying separately in village Dumi Gaon. Bartaman Rai (PW-10) had partitioned his landed properties amongst his son (deceased) and two daughters, one of them being Dhan Maya Rai, PW-4 (mother of the appellant). PW-10 had kept some land for himself. The deceased was not happy with this family arrangement and had been protesting to his father that he should not have given any share...
Tag this Judgment!Govind Prasad Sharma Vs. Bishnu Kumar Rai and ors.
Court: Sikkim
Decided on: Apr-02-2004
Reported in: AIR2004Sik30
R.K. Patra, C.J.1. Defendant No. 1 has filed this petition under Article 227 of the Constitution of India challenging the validity of the order of the trial Judge in striking out issue No. 7 which reads as follows ;--'Whether the purchased land by the plaintiff from Chewang Dorjee Lama or Basant Bir Lama is valid in the eye of law.'2. Respondent No. 1 has filed Civil Suit No. 4 of 2002 in the Court of Civil Judge, East at Gangtok against the petitioner arraying him as defendant No. 1 claiming the following substantial reliefs :(i) to declare that he has the right of way as easement of necessity through and over the carpeted motor road/thoroughfare and defendant No. 1 has no right to put any obstruction on his right.(ii) to permanently injunct restraining the defendant No. 1 from keeping the iron gate at the entrance of the disputed road under lock and key.(iii) a decree requiring the defendant No. 1 to remove the iron gate.The respondent No. 1's suit is founded on the following avermen...
Tag this Judgment!Lakpa Sherpa Vs. State of Sikkim
Court: Sikkim
Decided on: Apr-02-2004
Reported in: 2004CriLJ3488
ORDERR.K. Patra, C.J.1. The petitioner stands convicted under Sections 177 and 423, IPC and sentenced respectively to pay a fine of Rs. 1,000/- and Rs. 1,500/- on each count with a default clause of imprisonment.2. The petitioner was placed on trial in the Court of the Chief Judicial Magistrate (E & N) at Gangtok in Criminal Case No. 104 of 1999 to face charges under Sections 177, 423 and 471, IPC. The learned Magistrate by judgment and order dated 15-5-2002 found him guilty of all the charges. She accordingly convicted him thereunder. For the offence under Sections 177 and 423, IPC, he was sentenced to pay a fine of Rs. 1,000/- and Rs. 1,500/- respectively with a default clause of sentence. For the offence under Section 471, IPC a fine of Rs. 2,000/- with a default clause of sentence was imposed. Being aggrieved by the above conviction and sentence, the petitioner preferred Criminal Appeal No. 5 of 2002 in the Court of Sessions Judge (Special-Division-II). The learned Sessions Judge b...
Tag this Judgment!Arjun Rai Vs. State of Sikkim
Court: Sikkim
Decided on: Apr-01-2004
Reported in: 2004CriLJ4747
R.K. Patra, C.J. 1. This appeal is directed against the judgment dated 8-7-2003 and order dated 16-7-2003 passed by the learned Sessions Judge (Special Division II), Sikkim in Criminal Case No. 3 of 2002 convicting the appellant under Section 302, I.P.C. and sentencing him to undergo imprisonment for life and to pay a fine of Rs. 500/- with a default clause of sentence.2. The prosecution story emerging from the FIR and the evidence on record runs as follows :--At the material time, the appellant was working as driver at Dikchu under National Hydel Project Corporation. Yaon Subba (hereinafter referred to as the deceased) was a writer Constable and was posted as in-charge of Bhusuk outpost. The deceased was living in the same house where the out-post was being housed. The father of the appellant was the owner of the said house. On 2-7-2001 at about 5.30 p.m. the appellant came to the out-post and had some heated discussion with the deceased. P.W. 1, a Constable who was on duty in the sai...
Tag this Judgment!Suraj and Company (P) Limited Vs. State of Sikkim and ors.
Court: Sikkim
Decided on: Apr-01-2004
Reported in: AIR2004Sik36; 2006(1)CTLJ380(NULL)
R.K. Patra, C.J.1. The decision of the State Government in the Education Department accepting tenders of respondents 2 to 5 for supply of school uniforms for the academic session 2004 is the subject-matter of challenge in this writ petition.2. Briefly stated, the case of the petitioner is that it is a small scale industry registered with the Industry Department of the State Government and it carries on business of manufacture and supply of school uniforms in the State of Sikkim. Pursuant to the notice inviting sealed tenders for supply of school uniforms for the academic session of 2004 published in the Sikkim Herald dated 13-11-2003, it submitted its sealed tenders after fulfilling all the terms and conditions of the notice inviting tenders. Besides, the petitioner, 14 other firms including respondents 2 to 5 also submitted their sealed tenders. The State Government (respondent 1) however in violation of the principle of 'lowest rate and acceptable quality' laid down in the Sikkim Fin...
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