BIRKHA BHADHUR SUBBA Vs. STATE OF SIKKIM

JUDGEMENT

(1.) The judgment and order dated 4th February, 2004 passed by the Sessions Judge, East and North Sikkim at Gangtok in Criminal Appeal No. 1 of 2004 is the subject matter under challenge in this criminal revision petition filed by the present 7 accused petitioners.

(2.) The facts of the case, in a short compass, are as follows : The petitioner No. 1, namely Birkha Bahadur Subba, who is a Government employee serving in the office of the District Collector, East at Gangtok as L.D.C. in connivance with one Under-Secretary of Land Revenue Department named Shri P. B. Chettri, prepared false Sikkim subject certificates in the names of the present petitioners along with one Tshering Sherpa by taking money from each of them. It is said that the present petitioners, who are seven in numbers, and the said Tshering Sherpa are not bona fide Sikkimese as the names of their parents are not recorded in old Sikkim subject register. However, they obtained Sikkim subject certificates illegally and during the course of Investigation, those related fake certificates were seized and accordingly, a Criminal Case being No. 4 of 2001 under Ss. 420, 465, 468, 471 and 474 of the I.P.C. was registered against the accused persons and the accused persons including the present petitioners stood trial and the trial Court found them guilty and accordingly, they were convicted and sentenced each of them on different counts in the following order : "Birkha Bahadur Subba..., U/S. 420 for one year, U/S. 465, IPC Fine Rs.500/- in default to undergo simple imprisonment for one month. U/S. 468. IPC for 6 months. 2. MeenaTamang,. 3. Shova Chettri, 4. Ttlak Bahadur Chettri, 7. Chandralal Bhujel, 8. Buddha Tamang, To undergo S.I. for one month each and to fine of Rs. 100/- U/Ss. 420/466/ 471/474, IPC 5. Prem Tshering Tamang, 6. Tshering Sherpa To undergo S,l. for one month each and to fine of Rs. 100/- each under Sections 420/465/468, IPC"

(3.) Being dissatisfied with the said judgment (Contd. on Col. 2) and order on conviction and sentence, the petitioners along with the Tshering Sherpa preferred an appeal in the Court of the Sessions Judge, East and North Sikkim at Gangtok under Criminal Appeal No. 1 of 2004 (22/2003). Upon hearing the parties, the first appellate Court was of the view that in order to come to a correct finding, the case needs' to be send back for re-trial as the trial Court has overlooked the materials on record making out a case for framing additional charges against the present accused petitioners in the following order : (See Table below)