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Documents citing Sonam Zangpo Bhutia vs State Of Sikkim on 21 March, 2005

Zangpo Sherpa vs State Of Sikkim And Ors on 1 July, 2016

could not be heard inside the Power Station itself by the SDM, Gangtok, who was WP(PIL) No.25 of 2014 18 Zangpo Sherpa vs. State of Sikkim and Others present there. The GSM siren at Singtam 'Goshkhan' could not be blown on account of power failure, hence on issuance of directions to the Respondent No.3 by the SDM manual siren was brought to be blown, near the riverbed where the GSM siren had been installed. Although it was claimed that the auditory range was 2 kms., however, the DPO stationed at 'Goshkhan' could not hear it clearly even at that range. So far as the GSM siren at Rangpo was concerned, on enquiry as to what would be the fate if the GSM system failed, the response was that the siren was flawless which however was controverted when due to power failure the GSM siren could not be operated. On enquiry from the local residents living at the riverbanks, it emerged that on power failure, there is no system of manual warning being given to the people regarding release of water into the river. Others also reported that, it was only after the recent drowning of the girl at the river side at Singtam that the siren had started functioning properly but there was no fixed timing for the siren to be blown or for the water to be released. The Respondent No.3 informed that the schedule of water release is given to them one day before by the ERLDC, Kolkata. The GSM siren at Singtam Goshkhan was found to be installed on the roof top of a residential unit belonging to the Forest Department, the switch for which was accessible to and could be operated by anyone which could lead to confusion and probable disaster.
Sikkim High Court Cites 19 - Cited by 3 - M M Rai - Full Document

Yogesh Karki (Chettri) vs State Of Sikkim on 6 September, 2005

28. It is thus clear that the circumstances relied on by the learned trial Court while convicting and passing the order of sentence, stands established by the evidence on record. A Division Bench of this Court relying on the law laid down by the Hon'ble Supreme Court in several decisions has held in Sonam Zangpo Bhutia v. State of Sikkim reported in 2005 Cri LJ 1937 that the proved circumstances should be of a definite tendency unerringly pointing towards the guilt of the accused. In other words, it must be consistent only with the guilt of the accused and should be such as to exclude every hypothesis, but the one proposed to be proved. On examination of the materials on record, in the present case, in the light of the above principle of law, we find no reason to doubt that the circumstances established in the case unerringly point towards the guilt of the accused-appellant.
Sikkim High Court Cites 9 - Cited by 15 - A P Subba - Full Document
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