Himachal Pradesh Court June 1989 Judgments
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Meena Ram Vs. State of H.P. and anr.
Court: Himachal Pradesh
Decided on: Jun-27-1989
Reported in: 1990CriLJ1347
ORDERBhawani Singh, J.1. This revision petition under Section 497 read with Section 401 of the Code of Criminal Procedure (to be referred hereinafter as 'the Code') arises out of the judgment of the learned Sessions Judge, Shimla, in Criminal Appeal No. 41-S/10 of 1987 decided on 27-1-1989 thereby confirming the order of Sub-Divisional Judicial Magistrate, Theog, dated 25-11-1986 in case No. 148/1 of 1983. The petitioner has a grievance against this order. Hence this petition.2. The facts, in brief, are that the petitioner and respondent No. 2 were prosecuted under Section 379 of the Indian Penal Code and Sections 41 and 42 of the Indian Forest Act, 1927. It is alleged that on 19-11-1982, Kedar Singh, Inspector C.I.D., was present at Kotkhai in connection with some investigation. He got information that the accused had illicitly felled trees from the Government land. A raiding party was formed in which forest as well as revenue officials were associated and the party went to the spot a...
Gurcharan Singh Vs. State of Himachal Pradesh
Court: Himachal Pradesh
Decided on: Jun-27-1989
Reported in: 1991CriLJ771
ORDERBhawani Singh, J.1. By this petition the petitioner challenges the judgment of Additional Sessions Judge (1), Kangra Division, in Criminal Appeal No. 4 of 1985, decided on 7-1-1:987, thereby confirming the decision of Sub-Divisional Judicial Magistrate, Palampur, in Criminal Case No. 114.II/82, decided on 29-12-1984. By this decision, the petitioner has been convicted Under Section 304-A of the Penal Code and sentenced to simple imprisonment for one year and to a fine of Rs. 2000/- and in default of the payment of fine, to further undergo simple imprisonment for six months. The amount of fine, on realisation, has been ordered to be paid to the parents of the deceased.2. The facts, in brief, are that on Sept. 20, 1982, the petitioner was driving truck No. HPS-4955 from Nagrota to Palampur, a State Highway. He crushed to death Rakesh Kumar (6) near Darang at about 12-15 p.m. while the child was standing on the left side of the road. It is alleged that the petitioner was driving the ...
Smt. Namo Devi Vs. Rattan Chand and ors.
Court: Himachal Pradesh
Decided on: Jun-27-1989
Reported in: AIR1990HP47,II(1990)DMC184
V.K. Mehrotra, J.1. Kishan Datt was the owner of sizeable immovable property situate in Tika Jhikli Dar, Dakhli Khunyara, Tehsil and District Kangra. He died on February 4, 1952, leaving behind, Smt. Namo Devi, his widow and Smt. Banti Devi, his mother. The mother executed a deed of gift in favour of Smt. Vidya Devi on January 3, 1970. This she did after her name had been mutated over 1/4th share in the estate of her son Kishan Datt. This mutation had been sanctioned at Serial No. 495 on November 19, 1952. The mutation in favour of Smt. Vidya Devi was at Serial No. 670 and had been sanctioned on January 6, 1970. Banti Devi died on April 12, 1973.2. Smt. Vidya Devi, the donee, made a further gift of the property in suit in favour of Dharam Chand and Rajinder Kumar. Thereafter, the suit giving rise to the Second Appeal was filed by Smt. Namo Devi on June 11, 1973.3. The basic plea which has been raised by the plaintiff is that the mutation in favour of Smt. Banti Devi, Ex. P-l, only conf...
Bhagat Ram Vs. State of H.P.
Court: Himachal Pradesh
Decided on: Jun-27-1989
Reported in: 1989CriLJ2520
Bhawani Singh, J.1. This appeal arises out of the judgment of Sessions Judge, Kangra Division, in Sessions Case No. 15 of 1982 and Sessions Trial No. 9 of 1982, decided on 13-5-1983. The appellant has been convicted under Section 304-II of the I.P.C. and sentenced to rigorous imprisonment for a period of three years and fine of Rs. 1000/- and in case of default of payment of fine, to undergo further simple imprisonment for six months. The fine, on recovery, was ordered to be paid, as compensation, to the heirs of Jai Karan.2. The facts, in brief, may be stated thus. According to the prosecution, on 19-2-1982, Ranjit Singh and Roshan Lal were working at the instance of Jai Karan (deceased) and were fencing his land towards the village path at about 10 a.m. The appellant, carrying a latjii, appeared and gave lathi blows on the head of Ranjit Singh and thereafter he gave lathi blows on the head, legs and right arm of Jai Karan. The blow resulted in the fracture of the ulna of Jai Karan. T...
Jat Ram Vs. State of Himachal Pradesh
Court: Himachal Pradesh
Decided on: Jun-27-1989
Reported in: 1990CriLJ1213
Bhawani Singh, J.1. By this appeal, the appellant Shri Jat Ram (75) challenges the judgment of Special Judge, Kangra Division in C.C. No. 9/-85, decided on 11-3-1987, whereby the appellant has been convicted under Section 409/467/471 of the Penal Code and Section 5(1)(c) of the Prevention of Corruption Act and sentenced to six months rigorous imprisonment and to a fine of Rs. 100/- in each of the offences and for failure to pay the fine, to further undergo simple imprisonment for 15 days. The substantive sentences, as aforesaid, have been ordered to run concurrently. The appellant feels aggrieved by this judgment, hence this appeal.2. The facts, in briefs, are that the appellant remained Pradhan of Gram Panchayat, Pantehar, in Development Block, Baijnath, from 1960 to 1972. In that capacity, it is alleged, that the appellant used to handle the cash and records of the Panchayat and received and disbursed payment for and on behalf of the Panchayat. He also maintained accounts of the Panc...
Amar Nath Vs. State of Himachal Pradesh
Court: Himachal Pradesh
Decided on: Jun-27-1989
Reported in: 1990CriLJ506
ORDERBhawani Singh, J.1. This Revision Petition, under Section 397 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code'), arises out of the order passed on 17-2-1989 by Sessions Judge Kangra Division, in Criminal appeal No. 13 of 1988, thereby dismissing the appeal of the petitioner filed under Section 454 of the Code and thereby confirming the order of Judicial Magistrate, 1st Class, Palampur, dated 23-7-1988 in Criminal Case No. 85-III/1986 whereby the case property was directed to be confiscated while acquitting the petitioner-accused. The petitioner has a grievance against this order and, therefore, he assails the same by way of this petition.2. The facts, in brief, are that the petitioner was prosecuted for an offence under Section 33 of the Indian Forest Act, 1927 (hereinafter referred to as 'the Act'). He was accused of felling 15 Khair trees unauthorisedly from private area of Tika Kholi, Tika Sai and Gadiara. He was also accused of having uprooted stu...
Ram Dittu Vs. State of Himachal Pradesh
Court: Himachal Pradesh
Decided on: Jun-27-1989
Reported in: 1989CriLJ2557
Bhawani Singh, J.1. This case arises out of the judgment of Sessions Judge, Solan, in Case No. 21/N/7 of 1986 decided on 9-1-1987, By this judgment, the appellant has been convicted for an offence under Section 376/511 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 500/-. In default of payment of fine the accused has been ordered to undergo further imprisonment for three months. The accused has a grievance against this judgment, therefore, by this appeal, he assails the same in this Court.2. The facts, in brief, are that the prosecutrix Kumari Meena Devi (13) is the daughter of the Shri Kaila Ram (deceased) and she is living with her mother and younger brothers in village Chaksar. On 2-6-1986, the prosecutrix had gone to Gamber Gharat of the accused for grinding wheat grains. She reached there at about 10.00 a.m. and after giving the wheat to the accused she got 12 K.Gs of flour. While coming back with the bag of wheat flou...
Jagdish Singh and anr. Vs. State of H.P. and ors.
Court: Himachal Pradesh
Decided on: Jun-16-1989
Reported in: 1990CriLJ19
ORDERBhawani Singh, J.1. I have just now rejected another petition (Criminal Revision No. 48 of 1989, Jagdish Singh v. State of H.P.) by a detailed judgment holding that the charge under Sections 379/167/218/467/468/471/ 120-B, I.P.C. read with Section 5(1) (d) of the Prevention of Corruption Act, 1954, framed by the Special Judge, Shimla, against the petitioners and the pro forma respondents is legally justifiable.2. Now, by this petition, these petitioners seek to challenge the order of Special Judge, Shimla, dated 29-5-1989, apparently to stall the trial of the case fixed from June 19, 1989 to June 30, 1989 on day to day basis, alleging that the decision of the Special Judge to conduct a joint trial of the petitioners with the other co-accused was legally impermissible. The petitioners allege that they cannot be jointly tried with the other accused as there is no nexus or connection between them and the co-accused in this case. It is further submitted that learned Special Judge was ...
Vidya Devi Vs. Himachal Road Transport Corporation, Simla and ors.
Court: Himachal Pradesh
Decided on: Jun-12-1989
Reported in: I(1990)ACC388,AIR1990HP19
Bhawani Singh, J.1. Calamities do not come alone, they come in chain; so appears to have happened to Shrimati Vidya Devi, who at a very young age slides into the position of widowhood on the death of her husband late Nand Ram in the war in 1965. This calamity was followed by a dispute relating to the entitlement of pension admissible on the death of her husband and this dispute with her father-in-law came to be settled somewhere in 1968. Thereafter her father-in-law transferred the family property in the name of his surviving sons leaving her to depend on her parents being issueless. In this very chain of events, she herself was involved in an accident on 21-2-1974 while travelling by Himachal Road Transport Corporation Bus. She claimed compensation for the personal injuries she sustained in this accident by a claim petition but the Motor Accident Claims Tribunal, Mandi, rejected her petition holding that she could not ask for compensation for her bleeding injuries as the doors of the ...
Parveen Kumar Vs. the State of Himachal Pradesh and anr.
Court: Himachal Pradesh
Decided on: Jun-12-1989
Reported in: 1989CriLJ2537
ORDERBhawani Singh, J.1. By this Revision Petition, the petitioner seeks to challenge the order of Addl. Sessions Judge (II), Kangra, in Criminal Revision No. 18 of 1987 decided on 21-10-1987.2. The facts, in brief, are that respondent No. 2 is the registered owner of the disputed truck HPK-9045 hypothecated with the Canara Bank, Bhawarna as the same has been purchased with the loan raised from this bank and the outstanding amount is stated to be Rs. 94,000/-. Respondent No. 2 entered into an agreement for sale on 22-7-1987 and as per the terms of the agreement (Ex.A.1), the petitioner has to pay the balance of the instalments to the bank. However, a sum of Rs. 40,000/- was paid to respondent No. 2 at the time of the execution of the agreement. It is further alleged that the delivery of the truck was given to the petitioner immediately on the conclusion of this agreement along with its key and documents.3. The petitioner further states that since after the obtaining of the possession o...
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