lN THE HIGH COURT OF SIKKIM I:i.' , •`i` 2. 15.6.2004 5.6.2004 ORDEFt SHEET Criulna| Appeal RANDA KlsHORE I¢mNAL & Versus sTAin oF slegclM Order with Signature No. 2 of 2004 Petitioner / Appellant Plespondent CrLMisc.itot.tdecitlon RE. 8/2 004_ Heard Shri N. Rai, leaned Counsel for the appellants. Delay in filing the appeal is condoned. This application is accordingly disposed of. r` , ,R. K. Per Chiof dunce •IV.£Tg Cr-.Apt.eat No.2/2004 Admit. Issue notice. Shri Karma Thinlay, learned Assistant Govt.Advocate takes notice on behalf of the State. Paper book be prepared within 4 weeks. Call for the lower Court records. Put up on 19.7.2004 for fixing date of hearing. (Rc.h==Spasr#c)e Office Note as to action (if any) taken on Order :ck#fefe#` Pch.. B>oe,c 44an tJ=#L±` ia' Date Order with Signature Office Nctife to I of of action (jf any)' Ier Order __ Ja_ken or]Order_ 1214 •7.200•8.2004.9.2004 d'.s prayed for ^=pric uP-6n`` 20..-8`2004 -_,ife\NobuL`ded v`t````-i.`..` Ear.heajrlng.. `-_.;.. _ - __ __ _ , ( R. K. atra ) Chief ustiqe ~. ( N' S' Singh ) JudeHeardShriN.Rai.learnedCounsel for the appellants and Shri I. a. Pradhan. learned Public Prosecutor for the State. cde5foafur`6t+j~{`~(:.i.i+,i?:jdf)`,:..-I::.-::::i----:;:-::`-::::-I Issue notice under Section 386(iii) cr.p.c.titra;not'£eq.a¥rfeiiants to show cause •\ as to why the sentence of life imprisonment on them should not be converted to punisBne with death . . . . s h® c£ELpr ® + R. K. B# , tt1`Sr11`.J` Chief Jllstice \ r, `Cin ( N' S' Sirfty-) Jude Put up for hearing on 11.10.2004. as requested I)y Shri N. Raf, counsel for the appellants. ( A. K. P tra ) CThie£ .ustice` N, ( N' S. Singh ) Jude Serial No. of Order 6.11 7. 9.1 4. 10.20 •2004 3.12.ZOO Order with Signature 4 A. prayed £®r by 141e8 .yctl marka. learned counsel £®r tine appellant. put up for h®arlng .n 9.11.2004. Judg. Heazid thrl H. Ralrb6s&sted by Hle8 .y Tharka. learned counsel for the appellant and Shri Kama Thinlay. learned JlaBtc.Go`/t. Advocate appearing for the Scat.e -reapond® ^8 prayed for by Shri KEima Thlnlay. learned As8€t.Covt.Advocate for tt)e State. the matter be llgted on 3.12.2004 for hearl Heard Mr. N. Rai, learned Counsel appearing for the appellants. Also heard Mr. LJ. a. Pradhan, learned Public Prosecutor for the State. The appellants submitted an application for allowing them to withdraw the appeal by contending inter alia, that the appellants had discussion with their counsel and also took advis`e from their well wishers and friends and lastly they have come to the conclusion that it would be better for them to once Note as to action (if any) taken on Order I dyrf 1 Serial No. of Order Order with Signature It may be ` for hearing rl+ \cL+, asppellants to Ice of life )onverted to s submitted Office Note a=.o actiofl (if any) taken on Order \\ withdraw the appeal preferred by them. mentioned that while taking up the case on 20.8.2004, this Court issued a notice under Section 386 ¢ycr.P.C. to show cause as to why the thea senten imprisonment on them.should not be punishment with deathi`': The appellant their show cause 'and Contended that they are innocent persons and there is no material on recor for their conviction and sentence of life imprisonment, and, th questioned the validity of.;#:i.nu: the position, they e judgment and order o sentence passed by the 1'earned Sessions Judge, Special Division - 11, Sikkim in Criminal Case No.6 o 2002, but on` advice of their well-wishers as well as the advice of their counsel, they submitted the applicaLtion for withdrawal of the related abpeal. We have perused the judgment and order of sentence passed by the leaned Sessions Judge, Special Division - 11, Sikkim. After proper application of our mind in the matter, we are of the view that the learned Sessions LJudge, Special Division - 11, Sikkim had rightly passed the impugned judgment and order of sentence, and, as such, no interference is called for. So far as the enhancement of sentence j¢ to ~ Punishmeonnt,.uw;:;:i death, We find no sufflcient materials: for converting the sentence of life imprisonment to punishment with death. For the reasons, observations and discussions made above, we allow the application for withdrawal riled by the appellants,thus a££1rmlng the lIIprig judgment and the Order o£ 8entem=e passed b the learned Ses81ons J`ld cial DIY 11, Slunm. `\c~, iiiliiiiiiiiii- "tryF93, Serial Date Order with Signature Office Note as to No. of of action (if any) Order Order taken on Order It is made clear that State did not prefer appeal -``- :-:--.-:-: :------:--tr, against the impugned judgment on conviction and order of sentence. In the result, this Criminal Appeal is closed and finally disposed of. \'. „.s"TJaNn!sigiv/ Chief JfuLstice I Acta.I ".p.EL!=T-- -e