Sikkim Court September 2012 Judgments
Lokesh Rasaily Vs. State of Sikkim and Another
Court: Sikkim
Decided on: Sep-21-2012
1. Mr. S.K. Chettri, learned Asstt. Public Prosecutor accepts notice on behalf of respondent No.1 and respondent No.2, who is present in Court, accepts notice. 2. With the consent of the parties present in the Court, this petition is being disposed of. 3. The petitioner seeks quashment of G.R.Case No. 11/2011 under Section 326 IPC pending in the Court of Chief Judicial Magistrate, East and North Sikkim at Gangtok. It is contended that the petitioner was married to respondent No.2. The couple resided together for quite some time and thereafter due to some misunderstanding their relations became strained. Respondent No.2 left the company of the petitioner and stayed with her parents. Respondent No.2 lodged a written complaint on 20-11-2010 against the petitioner, whereupon an FIR No. 102 (11) 10 dated 20-11-2010 under Section 326 IPC was registered against the petitioner and a G.R. Case No. 11/2011 has been filed in the Court of Chief Judicial Magistrate, East and North Sikkim at Gangtok...
Tag this Judgment!Lok Bahadur Dahal Vs. State of Sikkim
Court: Sikkim
Decided on: Sep-20-2012
Wangdi, J. 1. By this Appeal the Appellant seeks to assail the judgment dated 21-09-2011 passed by the Learned Sessions Judge, South and West Sikkim at Namchi in S. T. Case No.8 of 2007 by which he stood convicted for having committed an offence under Section 300 of the Indian Penal Code (in short IPC) punishable under Crl.A. No.05 of 2012 2 Section 302 IPC and sentenced to undergo imprisonment for life and to pay a fine of ` 3,000/- 2. (a) The prosecution case, so far as it is material for disposal of this Appeal is that on 04-11-2006, the Officer-in-Charge, Gyalshing Police Station, P.W.17, was informed by the In-Charge, Tashiding Police Out Post, that one Indra Bahadur Dahal, P.W.1, had submitted a written FIR stating that at about 1200 noon of the same day one Sunil Darjee, P.W.7, Jag Bahadur Gurung, P.W.8 and Suk Bir Kami, P.W.9, had come to his house and informed him that his elder son, the Appellant herein, had killed his youngest son, the deceased, with a khukhuri (a sharp edge...
Tag this Judgment!State of Sikkim Vs. Binod Khawas and Another
Court: Sikkim
Decided on: Sep-10-2012
Wangdi, J. 1. This Revision Petition is directed against the Order dated 20.08.2011 passed in Sessions Trial Case No.5 of 2011 by the Learned Sessions Judge, East and North Sikkim at Gangtok, by which the accused persons were discharged from the offence under Section 376 of the Indian Penal Code (for short IPC). 2. The Revision has been filed primarily on the ground that the impugned order is unsustainable and deserves to be set aside as being grossly perverse on the face of the evidence and the documents filed with the report under Section 173 Cr.P.C. that show that the Respondents/Accused persons were prima facie guilty of the offence under Section 376 IPC. 3. I have gone through the impugned order and carefully considered the findings contained therein and I am of the view that it cannot sustain, as it is clearly in conflict and perverse to the material on record. The learned Trial Court appears to have completely overlooked the medical report which indicates that the age of the vic...
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