Sikkim Court July 2014 Judgments
State of Sikkim Vs. Tempa Lendup Lachenpa
Court: Sikkim
Decided on: Jul-28-2014
Sinha, J.1. Being aggrieved with the judgment of acquittal dated 27.08.2013 passed in Sessions Trial Case No.04 of 2012 by the Sessions Judge, Special Division-II at Gangtok, East Sikkim, the State has filed this Appeal.2. By the impugned judgment, the respondent has been acquitted of the charges framed under Sections 307 and 323 IPC and Section 25(1-B)(a) of the Arms Act, 1959.3. The facts, briefly stated, are as under:-3.1 On 05.03.2011, at about 2315 hours, the four friends, namely, Penjore Dorjee (PW3), Jigmi Dorjee Bhutia (PW2), Ngangom Winnison (PW4) and Kunchok Choppel Tonyot (PW5) had gone to X-Cape Discotheque, Vajra, Gangtok. Respondent and his girlfriend were also present in the discotheque. There some hot exchanges took place between the respondent and these persons, as a result of which they were taken out of the discotheque by the security personnel. The allegations are that, thereafter, the respondent took out a pistol and fired upon Penjore Dorjee (PW3), who received tw...
Tag this Judgment!Mani Kumar Gurung, East Sikkim and Another Vs. The State of Sikkim Thr ...
Court: Sikkim
Decided on: Jul-22-2014
Wangdi, J. 1. This Writ Petition is directed against the impugned order of the District Collector, East District of Sikkim, dated 23-07-2013 in Misc Case No.28/DM/E of 2011 by which the Certificates of Identification (in short the COI ) bearing Sl. Nos.2928/DCE dated 27-04-1989 and 2927/DCE dated 27-04-1989 issued to Mani Kumar Gurung and Mahendra Gurung, Petitioners No.1 and 2 respectively, were declared invalid and stood cancelled. 2. The primary grounds of challenge against the impugned order are that the principle of natural justice had not been complied with by the District Collector while issuing the impugned order in as much as several representations submitted by the Petitioners had not been Mani Kumar Gurung and Another vs. State of Sikkim and Others considered and opportunity of personal hearing not granted despite their prayers made to that effect. It is next contended that one of the grounds for rejections being the want of registration of the adoption deed by which the Pet...
Tag this Judgment!Bikram Pradhan East Sikkim at Gangtok Vs. State of Sikkim
Court: Sikkim
Decided on: Jul-16-2014
Sinha, J. 1. The applicant/accused is a driver. On 04.02.2009 he was driving a Maxx vehicle bearing registration number SK-04/6784. There were many occupants in the vehicle including the two deceased persons. The said vehicle was coming from Siliguri to Gangtok. On the way, the applicant tried to overtake the vehicle driven by one Kumar Chettri (PW-3). He rashly and negligently overtook the said vehicle by his Maxx, which ultimately dashed against a wall and, thereafter, fell down 130 feet below from the road. 2. The prosecution came with the case that, on account of the rash and negligent driving of the said vehicle by the applicant/accused on National Highway, many persons received grievous injuries and two of them had lost their lives, therefore, the applicant was liable for punishment under Sections 279/338 and 304A of the Indian Penal Code (for short IPC ). There were two eye witnesses to the incident, namely, Kumar Chettri (PW-3) and Dadiram Sharma (PW-4). Kumar Chettri, as we ha...
Tag this Judgment!State of Sikkim Vs. Aita Hang Subba @ Kaley
Court: Sikkim
Decided on: Jul-02-2014
Wangdi, J. 1.This Appeal is directed against the impugned judgment dated 01.04.2013 in S.T. Case No.17 of 2010 of the Learned Sessions Judge, South and West Sikkim at Namchi, by which the respondent/accused was acquitted of the charge under Section 302 of the Indian Penal Code (for short IPC ) for having caused the death of the deceased, Rajesh Chettri. 2. The facts of the case so far as it is relevant for the purpose of disposal of this Appeal are that on 26.04.2010 when the deceased Rajesh Chettri had gone to the house of one Dik Bahadur Rai at Upper Barakheley, Singling, West Sikkim to participate in the marriage celebration of his daughter, an altercation took place between him and the respondent/accused, Aita Hang Subba, in the courtyard of the said Dik Bahadur Rai at about 1400/1430 hours and that the respondent/accused person was seen hitting the deceased Rajesh Chettri with a rounded firewood causing the deceased severe head injuries with the respondent/accused in the process w...
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