ISHWAR DAS DARJEE Vs. STATE OF SIKKIM

JUDGEMENT

(1.) By filing this revision application, the accused has challenged the Order dated 23-2-1998 passed in Criminal Case No. 208 of 1997 passed by the Chief Judicial Magistrate, East and North, Gangtok whereby the accused had been sentenced to pay a fine of Rs. 2,000/- or in default of payment of fine the accused was to undergo simple imprisonment for six months for an offence under Section 403 of the Indian Penal Code (in short I.P.C.). The accused has also been convicted for offence under Section 408 IPC and sentenced to undergo simple imprisonment for two years and in default of payment of fine the accused was to undergo further simple imprsonment for six months and the sentences were to run concurrently.

(2.) The ground taken is that the accused was deaf and as such the accused did not understand the intent and purport of the charge.

(3.) It appears from the order dated 11-2-1998 that the accused made prayer to engage a counsel and the next date was fixed on 23-2-1998. Order dated 11-2-1998 is extracted below :-