LAKPA SHERPA Vs. STATE OF SIKKIM

JUDGEMENT

(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 by the judgment dated 31-3-2003 confirmed the conviction and sentence under Sections 177 and 423, IPC but acquitted the petitioner of the charge under Section 471, IPC.

(3.) The facts and circumstances leading to the trial of the petitioner are as follows : One Deepak Lama and others filed a complaint on 25-7-1998 before the Officer-in-Charge, Ranipool Police Station alleging that the petitioner obtained certificate of Identification and purchased landed property in Sikkim on the basis of forged Sikkim subject certificate. On the basis of the said complaint the police drew up a formal FIR and registered it as Ranipool Station Case No. 22(7)98 dated 31-7-1998 and took up investigation. In course of the investigation it came to light that the petitioner had obtained certificate of identification and purchased landed property in Sikkim on the basis of forged Sikkim subject certificate. As per the Home Department notification dated 22-11-1995 the District Collectors and officers mentioned therein are competent to issue certificate of identification to such person who has or had agricultural land in rural areas and has been ordinarily residing in the State of Sikkim. On verification of the dossier relating to registration of land the Investigating Officer found that the petitioner purchased land (plot Nos. 723/755 and 727/75) at 32nd middle camp claiming himself to be a holder of the Sikkim subject certificate vide serial No. 321 volume No.XXIII under Singtam block. On further probe into the Sikkim subject register kept under the custody of District Collector, East Sikkim it was noticed that name of one Anjali Rai stood recorded at serial No. 321 Volume No. XXIII under Singtam block. The Investigating Officer in the circumstances was prima facie of the view that the petitioner dishonestly/fraudulently and knowingly furnished false information to the public servant by showing his name as having been recorded in the Sikkim subject register (vide serial No. 321 Volume XXIII under Singtam block) and got plot Nos. 723/755 and 727/754 transferred and registered in his name and also fraudulently used false khatian parcha for plot No. 723/755 as genuine and obtained certificate of identification for himself and his family members. He accordingly filed charge-sheet against the petitioner under Sections 177, 423 and 471, IPC in the Court of the Chief Judicial Magistrate (E and N) at Gangtok. The learned Magistrate on 20-7-1999 took cognizance of the offences and issued notice to the petitioner. The prosecution examined 18 witnesses to bring home the charges against the petitioner. On perusal of the evidence the learned trial Judge held that the petitioner used the false Sikkim subject certificate and on its basis purchased land thereby committed the offences under Sections 177 and 432, IPC. She also held him guilty of the offence under Section 471, IPC. The learned Sessions Judge in the appeal while acquitting the petitioner of the charge under Section 471, IPC held as follows :