Himachal Pradesh Court November 1971 Judgments

Dharmu Vs. Zalam

Court: Himachal Pradesh

Reported in: 1972CriLJ1462

M.H. Beg, C.J.1. This is an application for grant of special leave to file an appeal under Section 417 (3). Cr. P.C. against an order of acquittal by the Magistrate First Class, Mandi. The complainant-applicant had alleged that on 22nd August, 1969 at about 9 a. m. the accused Zalam Sineh and certain other persons entered the house of the complainant and demolished the house and carried away some utensils, pans, a plough, and other implements of husbandry. It appears that the complainant was not sure of the number of persons who had taken part in such an occurrence, so that he included persons who had to be discharged. Even with regard to the five opposite parties, against whom charges under Sections 441/ 380 and 147, I, P.C. were preferred, the learned Magistrate did not frame any charge at all under Sections 451/380 I. P.C. as he thought that the evidence did not justify any such charges. The only charge framed against the five opposite parties was one under Section 147. I. P.C.After...

Harsarup Dass Vs. S. Padamanabhaiah

Court: Himachal Pradesh

Reported in: 1972CriLJ956

M.H. Beg, C.J.1. This is an application under Articles 226/227 of the Constitution for the issue of an appropriate order or direction to the Sub-Divisional Magistrate Nalaearh in the District of Simla, who is conducting a magisterial inquiry into the cause of a woman's death under the orders of the District Magistrate of Simla. The object of that inquiry. as laid down by the District Magistrate is to inquire into questions.1. Whether there are reasonable aprehensions to believe that this death was a case of murder?2. Whether the local police acted promptly and properly in tackling this situation?2. The petitioner in this Court is the husband of one Rukmani Devi who alleges that his wife was of an unsound mind and that she committed suicide on the night between 9th and 10th June. 1971, by jumping into a well at Nalaearh of which a report was made by one Rattan Lal Dandotra to the police station Nalagarh during the same night at ll-l5 P. M. It appears that the Police held an inquiry into...

Narsingh Daval Vs. C.D. Dogra and anr.

Court: Himachal Pradesh

ORDERM.H. Beg, J.1. There is an application under Section 561-A, Cr. P.C. read with Article 227 of the Constitution as well as a proceeding under Section 3 of the Contempt of Courts Act before me. Originally, there was only one application under Section 561-A. Cr. P.C./227 of the Constitution based on the following assertions. The opposite party Charan Dass Dogra. a locally influential Derson wanted to dispossess the petitioner who was in possession of an orchard on the basis of a mortgage-cum-lease deed which was valid upto 31st December. 1972. The above-mentioned Charan Dass Dogra, opposite party No. 1. an Advocate of Kullu, persuaded the District Magistrate of Kullu to pass an ex party order dated 11th August. 1969 purporting to be under Section 145 Cr. P.C. to declare Charan Dass Dogra forthwith as a party in possession and prohibiting the petitioner from interference with his possession over the orchard. No District Magistrate who had even looked at the provisions of Section 145 C...

Gomtu Vs. State

Court: Himachal Pradesh

Reported in: 1972CriLJ687

M.H. Beg, C.J.1. The appellant, Gomtu, was charged under Sections 302, 201 and 436 I. P. C. The charge contained three heads. The first head is a charge for committing the murder of a man called Gover Singh, 'together with Bali and Dharam. Khubu, and Karmu during the night 31st December. 1968 and 1st January. 1969' although no reference to either Section 34 I. P. C. or a 'common intention' is made in the charge. The remaining two heads of charges, one under Section 201 and the other under Section 436 I. P. C., are also framed without invoking the aid of Section 34 I. P. C. The learned Sessions Judge of Mandi acquitted Bali as well as the three sons of the appellant namely, Dharmu Khubu and Karmu because the evidence against them was found by him to be doubtful, but, convicted Gomtu appellant of an offence punishable under Section 302 I. P. C. and sentenced him to rigorous imprisonment for life and to pay a fine of Rs. 700/-, and, in default to undergo rigorous imprisonment for a furthe...