CHANDRA BAHADUR KOTWAL Vs. STATE OF SIKKIM

JUDGEMENT

(1.) This Criminal Revision Petition is directed against the judgment and order dated 27.09.2003 passed by the learned Judicial Magistrate, West at Gyalshing, in Criminal Case No. 3 of 2003, as well as the Judgment and Order dated 26.12.2003 passed by the learned Sessions Judge (South and West) at Namchi, in Criminal Appeal No. 2 of 2003.

(2.) The case of the petitioner is that, on a written complaint dated 19.03.2002 lodged by him, the respondents Nos. 2 to 10 herein, were prosecuted for offences under Sections 147/ 149/325/342 of the Indian Penal Code, in the court of learned Judicial Magistrate, West at Gyalshing. On conclusion of the trial, the learned Judicial Magistrate convicted three of the nine accused persons namely, Bishnu Kumar Rai (Respondent No. 2), Raj Kumar Katwal (Respondent No.3) and Chandralall Karki (Respondent No. 4) under Section 325 I.P.C., sentenced each of them to undergo simple imprisonment for 18 months and to pay a fine of Rs. 500/- each, and acquitted the rest of the accused respondents. Aggrieved by the order of conviction and sentence, the three convicted accused respondents preferred an appeal before the Ld. Court of Sessions Judge (South and West) at Namchi who, after hearing the parties, set aside the impugned order of conviction and acquitted all the three accused respondents.

(3.) It is the further case of the complainant petitioner that, on pronouncement of the impugned order dated 27/9/2003 by the Ld. Court of Judicial Magistrate, West, acquitting the respondent Nos. 5 to 10, he approached the State Government for filing an appeal against the acquittal order and duly obtained approval of the Government for filing such appeal. It is stated that no appeal was however filed. In the meantime, the three convicted accused persons who had gone in Appeal were also acquitted by the appellate Court. When the appellate Court so acquitted the three accused persons, the complainant petitioner again approached the State Government for filing an appeal against the impugned order of acquittal dated 26/12/2003 passed by the Ld. Court of Sessions Judge (South and West). This time the request was rejected by the Government on the ground that there were no sufficient grounds for filing appeal against the impugned judgment/order. However, the petitioner applied for legal aid and on being provided legal aid by the State Legal Services Authority, filed the present revision petition against the judgments and orders of both the courts below.