Himachal Pradesh Court June 1975 Judgments

Paras Ram and ors. Vs. State

Court: Himachal Pradesh

Reported in: 1976CriLJ568

ORDERD.B. Lal, J.1. This is a reference made by the Sessions Judge Mandi in a case under Section 107 of the Criminal P.C. and the recommendation of the learned Sessions Judge is that the order demanding security under Section 117(3) of the Code be quashed.2. The facts of the case are that one Sant Ram filed a complaint under Section 107 against the accused in the Court of the Sub-Divisional Magistrate, Sundernagar alleging that there were some disputes relating to land and that the accused were likely to commit breach of peace in relation thereto. The learned Magistrate submitted the complaint to the Head Constable Durga Dass of Police Post Dehar for enquiry and report. On 28-10-1972 in the forenoon the enquiry report was submitted, and the learned Magistrate was satisfied upon information received that sufficient ground existed for taking the action under Section 107. The accused were also brought under custody before the Magistrate on that day, As the order indicates, in the afternoo...

Harpal Singh and ors. Vs. State of Himachal Pradesh

Court: Himachal Pradesh

Reported in: 1976CriLJ162

D.B. Lal, J.1. This appeal is brought from the decision of the Sessions Judge, Hamirpur, in a case under Section 376 of the Indian Penal Code, whereby the accused Harpal Singh and Bhagirath have been convicted and sentenced each to undergo rigorous imprisonment for four years and to pay a fine of Rs. 500/-. in default to undergo further rigorous imprisonment for six months. The prosecution case was, that on 20th August, 1972 Saroj Kumari a minor girl below 16 years, was sent by her mother Smt. Lajwanti from village Samnoli to village Baret where she was- required to see her ailing aunt. On her way back to Samnoli at about 4 p.m. of the same day, she passed by Chanbi Civil Dispensary. Harpal Singh accused met her and told her falsely that her brother was lying sick in the dispensary and that she was being called there. The girl went with Harpal Singh but was entrapped in a room of which the door was bolted from inside. Thereafter at about 5.30 p.m. after taking their meals etc. Harpal S...

Balia and anr. Vs. Kanshi Ram and ors.

Court: Himachal Pradesh

D.B. Lal, J.1. This appeal and cross objections have been directed against the decision of the District Judge, Kinnaur confining on appeal the decision of the Subordinate Judge, Theog whereby a suit of Balia and others for declaration and injunction in respect of the land situate in villages Shabog and Shiva measuring 49 bighas and odd and 16 bighas and odd respectively has been partially decreed. The case of Balia and others was that their father Bhainu was real brother of Atma father of defendants Kanshi Ram, Shibu and Mithya deceased husband of Sandhuru defendant No. 3. There were two other brothers of Bhainu and Atma. These were Kehru and Chehroo but both died without leaving any issue. As such the plaintiffs became entitled to one half share of the landed property which belonged to Ganga -- the common ancestor of the parties. It was written in the revenue record as one half in the ownership of the plaintiffs and another half share in the ownership of the defendants. As such they w...