Himachal Pradesh Court September 1952 Judgments
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Dissu Vs. the State
Court: Himachal Pradesh
Decided on: Sep-20-1952
Reported in: AIR1953HP1
Chowdhry, J.C. 1. Dissu, aged 25 years, of village Sanhol, pargana Bakan, district Chamba, was challenged under Section 302, I. P. C., for causing the death of his wife Mt. Chelo, aged 22 years, at his own house in the afternoon of 12-12-1951. The Magistrate concerned committed him to Sessions to take his trial for an offence punishable under paragraph 2 of Section 304, I. P. C., and the learned Sessions Judge has convicted him under Section 325, I. P. C., and sentenced him to five years' rigorous imprisonment. Against that conviction and sentence Dissu has filed the present appeal.2. The facts, as found from the testimony of P. W. 3 Musahibu, who was an eye-witness to the occurrence and is the appellant's mother's brother, and from the confession of the appellant himself to which he stuck in the main to the last, are not in dispute. The appellant had acquired Mt. Chelo for his wife by exchange. The bargain was however not a happy one, for the woman was a termagant. A day before the oc...
Kirpa and ors. Vs. Deviditta and ors.
Court: Himachal Pradesh
Decided on: Sep-20-1952
Reported in: AIR1953HP23
Chowdhry, J.C. 1. This is a defendants' application in revision against the judgment and decree of the learned District Judge of Chamba, dated 18-1-1952 whereby, allowing the plaintiffs' appeal and setting aside the judgment and decree of the Subordinate Judge of Chamba, dated 29-9-1951, he partially decreed the suit of the plaintiffs-respondents.2. The houses of the parties are close to each other and are separated only by a lane. It is common ground that a partition has already taken place between them and each party has been allotted his moiety share. Adjacent to the house of the defendants and to the south of it lies a plot of land 2 marlas in area. The dispute in the present case relates to a portion of the said plot of land nearest to the house of the defendants. The defendants started certain constructions on this area and the plaintiffs filed the present suit for the demolition of the constructions and for an injunction perpetually to restrain the defendants from building on th...
State Vs. Jahlu
Court: Himachal Pradesh
Decided on: Sep-15-1952
Reported in: AIR1953HP40
ORDERChowdhry, J.C.1. This is a reference under Section 438, Criminal P. C. by the District Magistrate ofChamba recommending that the period of detention of the respondent Jahlu in the Reformatory School be extended from 3 to 4 years. The respondent was notified but is absent. The learned Government Advocate has supported the reference.2. It appears that Jahlu was convicted on 25-11-1950 under Section 457, read with Section 75, I. P. C., and sentenced to three years' rigorous imprisonment by the then District Magistrate, Chamba. 'The respondent being a youthful offender, the District Magistrate in exercise of powers under Section 29B, Criminal P. C., directed under Section 8, Reformatory Schools Act, 1897, that instead of undergoing the sentence he shall be sent to a Reformatory School for the said period of three years. The age of the youthful offender was found by the District Magistrate to be 14 years.3. On being moved by the jail authorities the present reference has been made on t...
The State Vs. Jorawar
Court: Himachal Pradesh
Decided on: Sep-15-1952
Reported in: AIR1953HP18
ORDERChowdhry, J.C. 1. This is a reference by the District Magistrate of Chamba under Section 438, Criminal P. C., recommending that the conviction of Jorawar under Section 2 of the Chamba Paid Forced Labour Act (III of 2004 B) by the Tahsildar of Tahsil Churah be set aside and the fine of Rs. 5/- imposed upon him refunded.2. The preamble of the Act states that whereas 'begar' system existed from early days of the Administration, and by its abolition on 10-1-1944 it was experienced that even paid labour on standardized rates was not available for the State duties; it had become necessary to pass the Act in question. Under Section 2 of the Act any adult male tiller of the soil or malguzar, who was not by notification or by reason of ill health or otherwise exempt from rendering forced paid labour, wilfully refused to render it shall be liable to a fine not exceeding Rs. 20/-. Section 3 enabled the person whose services were requisitioned to offer his substitute to do the work. Section 4...
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