Himachal Pradesh Court June 1952 Judgments
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Sm. Kalawati Vs. the State
Court: Himachal Pradesh
Decided on: Jun-17-1952
Reported in: AIR1952HP67
ORDERChowdhry, J.C. 1. As a result of a Government appeal under Section 417, Cr. P. G., Srimati Kalawati has been convicted by this Court under Section 302, read with Section 114, I. P. C., and sentenced to transportation for life. Her application for a certificate of fitness for appeal to the Hon'ble the Supreme Court has been granted by me. This order refers to the application which she has filed for being granted bail to enable her to present an appeal to the Supreme Court.2. The relevant provision of the Code is Section 426 (2B), which reads as follows:'Where a High Court 13 satisfied that a convicted parson has been, granted special leave to appeal to the Supreme Court against any sentence which the High Court has imposed or maintained, the High Court may, if it think fit, order that, pending the appeal the sentence or order appealed against be suspended, and also, if such person is in confinement, that he shall be released on bail.'It was argued by the learned counsel for the pet...
Ranjit Singh and anr. Vs. State
Court: Himachal Pradesh
Decided on: Jun-16-1952
Reported in: AIR1952HP81
Chowdhry, J.C.1. Ranjit Singh, aged 26, and Smt. Kalawati, aged 30, were committed to Sessions to take their trial for the murder of the latter's husband Kunwar Bikram Singh. The committal of Ranjit Singh was under Section 302 and that of Kalawati for the abetment of the offence under the said section read with Section 114, Penal Code.2. The learned Sessions Judge of Mahasu tried them for the said offences, and while he found Ranjit Singh guilty under Section 302, Penal Code and sentenced him to death, he acquitted Kalawati of the offence charged but found her guilty under Section 201, Penal Code, and sentenced her to rigorous imprisonment for five years.3. Ranjit Singh and Kalawati have appealed against their convictions, the State Government has appealed against the acquittal of Kalawati of the charge under Section 302, read with Section 114, Penal Code, and the Sessions Judge has submitted the proceedings for confirmation of the sentence of death passed on Ranjit Singh.3a. The decea...
The State Vs. Nilam Das and anr.
Court: Himachal Pradesh
Decided on: Jun-09-1952
Reported in: AIR1952HP74
Chowdhry, J.C. 1. This is an application in revision by the State under Sections 483 and 489, Criminal P. C., against the judgment and order of the learned Sessions Judge of Mahasu and Sirmur, dated 16-7-1951, allowing the appeals of Nilam Das and Atma Bam and setting aside their convictions dated 19-3-1951 by the learned First Class Magistrate of Jubbal under Section 9 (a), Opium Act (I [1] of 1878) for illicit possession of 9 seers and 1 chatak of crude hill opium and the sentences of 3 months simple imprisonment and Rs. 500 fine, or further simple imprisonment for one month in default of payment of fine, imposed on each of them.2. The prosecution case is that on receiving information of purchase of illicit opium certain officers of the Opium department, including Kamlanand, raided the house of Nilam Das in village Khashdhar during the day on 16-8-1950, that on Kamlanand threatening to search his house if he did not produce the opium Nilam Das produced the opium in question from a ro...
Ganga Datt and ors. Vs. Mandir Narayan Deota
Court: Himachal Pradesh
Decided on: Jun-02-1952
Reported in: AIR1953HP31
Chowdhry, J.C.1. This is a reference by the learned District Judge of Mahasu and Sirmur under Section 100, Punjab Tenancy Act. The plaintiff Mandir Narayan Deota filed a suit against the defendants for recovery of certain dues for grazing their sheep and goats on a pasturage known as the Kanda Kalga Patan. The defendants denied the plaintiff's right to claim the grazing dues. It appears that there were two previous decisions, one dated 1-4-1994 B. passed by the Raja Sahib of Bushahr and the other dated 21-5-1946 A. D. passed by Sir Dalip Singh as Judicial Committee. The plaintiff relied upon the former and the defendants upon the latter decision. The trial Court, the Subordinate Judge of Rohru, decreed the suit on 25-4-1949 on foot of the judgment of the Raja Sahib without going into any other question. The defendants went up in appeal to the District Judge and there raised for the first time an objection that the suit was not cognizable by a civil Court. The District Judge held that t...
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