RAM BAHADUR GURUNG Vs. STATE OF SIKKIM

JUDGEMENT

(1.) THIS is a revision petition, jointly filed by the petitioners numbering 9 in all, under Section 397 read with section 482 of the Code of Criminal Procedure, 1973.

(2.) THE relevant facts leading to the filing of the present revision petition may briefly be stated as follows: all the 9 revision petitioners herein were put on trial for alleged commission of several offences under the Indian Penal Code, in the Court of the learned Chief Judicial Magistrate, (East and North) at Gangtok. Having come to the conclusion that the case against the accused persons stood proved beyond reasonable doubt, the learned trial Court convicted and sentenced all the 9 accused persons under different sections of law, namely, under Sections 143/148/325/149, 323/ 149, 427/149 IPC. Being aggrieved by such order of conviction and sentence, the petitioners preferred an appeal in the Court of the learned Sessions judge, (East and North) at Gangtok. After several adjournments which were allowed both at the request of the learned Public Prosecutor as well as the accused persons, the matter came up for hearing on 29. 10. 2007. However, the appellants having remained absent on this date, the learned appellate court heard and disposed of the matter on merits in the absence of the appellants. It is against this order that the appellants have come up in the present revision petition before this court.

(3.) I have heard Mr. Tempo Gyatso bhutia, learned Advocate appearing on behalf of the applicants/petitioners and Mr. J. B. Pradhan, learned Public Prosecutor appearing on behalf of the State-respondent.