B.K. Rai and Others vs State of Sikkim

Sonam Phintso Wangdi, J.

This appeal arises out of the same judgment dated 24.03.2014 of the Special Judge, Prevention of Corruption Act, 1988, East Sikkim at Gangtok, in Sessions Trial (Vig) Case No. 1 of 2011, which is the subject matter of Criminal Appeal No. 9 of 2014 in the matter of Dr. Kamal Gurung v. State of Sikkim.

The impugned judgment was rendered on a common charge sheet filed against Dr. Kamal Gurung, the Appellant in Crl. Appeal No. 9 of 2014 and the Appellants in this appeal.

The Appellant Dr. Kamal Gurung, and the Appellants No. 2 and 3 herein, were the Accused Nos. 1, 2 and 3 respectively in Sessions Trial (Vigilance) Case No. 1 of 2011.

While dealing with Crl. Appeal No. 9 of 2014, the Appellants in this Appeal have been referred to as "Accused Nos. 2 and 3." Both the Appeal were heard together with their respective Counsel advancing their arguments in the context of the parties they were representing. The submissions of Mr. Tashi Rapden Barfungpa, Learned Counsel for the Appellants in this case, have also been assimilated in the observations of this Court in the judgment in Crl. Appeal No. 9 of 2014.

Therefore, as the entire evidence and the facts and circumstances involved in Criminal Appeal No. 9 of 2014, are the very same as in the present appeal and duly considered in Crl. Appeal No. 9 of 2014, it would be redundant and superfluous to deal with them again. The findings in the judgment in criminal Appeal No. 9 of 2014 would, therefore, apply in full force to the case of the Appellants in this appeal and thus would also succeed on the same strength.

In the result, the Appeal is allowed.

The Appellants/Accused persons are hereby acquitted of the charges and stand discharged from the bail bond.

A copy of this judgment and the original case records be transmitted forthwith to the Court of Special Judge, Prevention of Corruption Act, 1988, East Sikkim at Gangtok, for its due compliance.