PREM SINGH TAMANG (GOLAY) Vs. STATE OF SIKKIM

JUDGEMENT

(1.) Both the appeals are directed against the common judgment and order of sentence dated 28.12.2016 in Sessions Trial (Vig.) Case No.02 of 2009 (05 of 2013), whereby and whereunder the appellant in Crl. A. No.01 of 2017 (hereinafter referred to as "A 1") was convicted of the offences under Section 403; Section 120B (2) read with Sections 403/406 of the Indian Penal Code, 1860 (in short, "IPC") (in regard to cheque Nos.208236 and 208249) and Section 13(2) read with Section 13(1)(d)(ii) of the Prevention of Corruption Act, 1988 (in short, "PC Act") (in regard to the amounts concerning with the said cheques and other cheques encashed through PW-40). A-1 was sentenced to undergo SI for a period of one year and to pay a fine of Rs.10,000/- (Rupees Ten thousand) only, in default to pay fine to further undergo further SI for a period of six months for the substantive offence committed under Section 13(2) read with Section 13(1)(d)(ii) of the PC Act. Further he was sentenced to undergo SI for a period of one year under Section 403 IPC and he was also sentenced to undergo SI for a period of six months under Section 120B(2) read with Sections 403/406 of the IPC. The appellant in Crl. A. No.02 of 2017 (hereinafter referred to as "A 2") was convicted of the offences under Section 406 IPC (in respect of cheque No.208249); Section 403 IPC (in reference to cheque No.208236) and Section 120B(2) read with Section 403/406 IPC/Section 13(1)(d)(ii)/(2) of the PC Act. He was sentenced to undergo SI for a period of one year and to pay a fine of Rs.5,000/- (Rupees Five thousand) only for an offence committed under Section 406 IPC. In default to pay fine amount, to further undergo SI for a period of three months. A-2 was further sentenced under Section 403 IPC to undergo SI for a period of eight months and for offence under Section 120B(2) read with Sections 403/406 IPC/Section 13(1)(d)(ii)/(2) of the PC Act to undergo SI for a period of six months. Thus, both the appeals are being considered together.

(2.) The provenance of filing of charge-sheet against A - 1 and 2 for allegedly having committed offences under Sections 468/120B(2) IPC; Sections 420/120B(2) IPC; Sections 403/120B(2) IPC; Sections 409/120B(2) IPC; and Sections 13(1)(d)(ii)/13(2) of the PC Act and other persons, namely, Keshu Agarwal (A - 3), Subash Tamang (A - 4) and Sanjay Agarwal (A - 5) for committing offences under Sections 468/120B(2) IPC; Sections 420/120B(2) IPC; and Sections 403/120B(2) IPC, was in pursuance of the order dated 04.03.2003 passed by this High Court in Writ Petitions No.03/98, 05/98, 03/99 & 06/99, wherein the Vigilance Department was permitted to register a regular case for alleged irregularities committed in respect of the purchase and distribution of milch cows by the Animal Husbandry & Veterinary Services (AH&VS) Department, Government of Sikkim. A Sikkim Vigilance Police Station (SVPS) Case No.RC-1/2003 was registered by the Vigilance Police on 12.03.2003 for the offences as afore-stated against A - 1 and 2 along with other three persons.

(3.) The learned trial Judge, on examination and appreciation of several witnesses produced by the Prosecution, held as under:-