TASHI DADUL BHUTIA Vs. STATE OF SIKKIM

JUDGEMENT

(1.) This Criminal Revision Petition is directed against the Order dated 10.09.2010 of the learned Sessions Judge, Special Division-I, Sikkim at Gangtok, in Criminal Appeal No. 8 of 2010, upholding the judgment and order dated 18.08.2006 passed by the Learned Judicial Magistrate, East at Gangtok, in V.C. Case No. 5 of 2004, convicting the petitioner under Sections 465/468/471 IPC and sentencing him to undergo simple imprisonment for one year for the charge under Section 471 read with Section 465 IPC and two years simple imprisonment for the offence under Section 468 and also to pay a fine of Rs. 2000/-, in default of payment of which he was to undergo simple imprisonment for a further period of two months.

(2.) Shorn of all details and restricting to the facts that would be relevant for the purpose of this petition, it may be stated that the petitioner Tashi Dadul Bhutia, who was employed as a Sanitation Supervisor in the Urban Development and Housing Department at Singtam, East Sikkim, was found to have committed the offence of making fake trade licences and issuing them to various persons. The Sikkim Vigilance Police, Gangtok, ultimately filed a charge sheet against the petitioner and others for offences under Sections 465/468/471 IPC in the Court of the learned Judicial Magistrate, East Sikkim. After trial, the learned Judicial Magistrate having found the petitioner guilty of the offences, convicted and sentenced the petitioner as aforesaid. In appeal, this decision was upheld by the learned Sessions Judge, Special Division-I, Sikkim at Gangtok, in Criminal Appeal No. 8 of 2010. The facts thus far stand undisputed.

(3.) When this petition was taken up for hearing, the learned Counsel for the petitioner submitted that he would prefer not to press the petition on the merits of the judgment of the Appellate Court, but would restrict it only on the question of sentence.