Sikkim Court September 2009 Judgments
Raju Chettri and anr. Vs. State of Sikkim
Court: Sikkim
Decided on: Sep-16-2009
Reported in: 2010CriLJ411
S.P. Wangdi, J.1. This appeal is directed against the judgment of the Learned Sessions Judge, Special Division -I dated 30-3-2004, passed in Sessions Trial Case No. 4 of 2004, by which the appellants were convicted under Sections 302/348, 380/341, IPC and sentenced to undergo R.I. for life and to pay fine of Rs. 2000/- Under Section 302/134, IPC and R.I. for seven years and to a fine of Rs. 1000/- Under Section 380, IPC against the appellants, directing that sentences shall run concurrently.2. Substance of the prosecution case is that, in the wee hours of 11-11-2003, at about 4.00 a.m. a patrol party consisting of C/1180 Man Bahadur Chettri and Home Guard Indra Kumar Chettri, saw the appellants near Krishi Bhawan at Tadong, proceeding downhill on foot with bags. Finding their movement to be suspicious, they accosted them and when questioned, the appellants were unable to give reasonable answers. Upon their search at the Tadong O.P. where they were taken by the patrol party, the appella...
Tag this Judgment!Mrityunjay Kumar Vs. the State of Sikkim
Court: Sikkim
Decided on: Sep-09-2009
Reported in: 2010CriLJ44
S.P. Wangdi, J.1. By this appeal, the appellant seeks to assail the judgment of the learned District and Sessions Judge, Special Division-I, Sikkim at Gangtok, in S.T. Case No. 5 Of 2007, rendered on 6-8-2008, by which he was convicted under Sections 354/342, I.P.C. and sentenced to undergo simple imprisonment of 1 year and to pay fine of Rs. 1000.00 for offence under Section 354, I.P.C., and for the offence under Section 342, I.P.C. to undergo rigorous imprisonment of 2 years and to pay a fine of Rs. 2000.00. Both the sentences were made to run concurrently.2. History of the prosecution case is that, on 31-8-2006, at around 16.00 hours, Ranipool Police Station received a written complaint from one Brij Mohan Bihani of Shanti Complex, Ranipool (PW 1), alleging that on that day at around 2.30 p.m. his daughter Komal Bihani aged about 9 years (the victim/PW 2), had gone to the medical shop of Mritunjay Kumar the accused/appellant near Shanti Complex to purchase medicine. On reaching the ...
Tag this Judgment!Panna Lal Gupta Vs. State of Sikkim
Court: Sikkim
Decided on: Sep-02-2009
Reported in: 2010CriLJ825
Aftab H. Saikia, C.J.1. Heard Mr. A. Moulik, learned senior counsel assisted by Mr. B. K. Gupta, learned Counsel for the appellant. Also heard Mr. J. B. Pradhan, learned Public Prosecutor with Mr. Karma Thinlay, learned Additional Public Prosecutor and Mr. S. K. Chhetri, learned Assistant Public Prosecutor for the State.2. This criminal appeal is directed against the judgment and order dated 30-7-2008 passed by the learned Sessions Judge (South & West), Namchi in Sessions Trial Case No. 22 of 2005 whereby the appellant has been convicted under Sections 489B and 489C of the Indian Penal Code (in short 'IPC') and sentenced to undergo imprisonment for 2 years and 6 months and to pay a fine of Rs. 35,000/- (Rupees thirty-five thousand) under Section 489B of the IPC and to pay a fine of Rs. 15,000/- (Rupees fifteen thousand) under Section 489C.3. The facts of the case in brief as unfolded by the prosecution may briefly be stated as follows:One Shri Gulam Singh Rai (PW2) of Baiguney Busty in...
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