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Himachal Pradesh Court June 1991 Judgments

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Jun 12 1991

Kasu Bhai and anr. Vs. the State of Himachal Pradesh

Court: Himachal Pradesh

Decided on: Jun-12-1991

Reported in: 1992CriLJ3251

Bhawani Singh, J.1. These appeals (Criminal Appeal 102 of 1988, Kasu Bhai and Anr. v. State of Himachal Pradesh, and Criminal Appeal 244 of 1988, State of Himachal Pradesh v. Kasu Bhai and Anr. arise out of the same judgment of Sessions Judge, Kangra dated February 26, 1988, therefore, they are being decided by a common judgment.2. The prosecution case, briefly, is that the accused were posted in their respective Units in Yol Camp Dharamshala. Captain P.V. Durga Parsad (P.W. 12), who was posted at the same place, was living in the accommodation for officers alongwith his wife Smt. Arunadhatti (PW-31) and minor child P. Nikhil (21/2). Their official accommodation, in the barrack, was divided by card-board wall and Captain Joginder Singh (PW-21) was living on the other side of the accommodation of Captain P. V. Durga Parsad whose own accommodation consisted of four rooms in a row. His bed room was located at the place where the two residence of these officers were separated by the cardbo...


Jun 07 1991

State of H.P. Vs. Jagat Ram

Court: Himachal Pradesh

Decided on: Jun-07-1991

Reported in: 1992CriLJ1445

D.P. Sood, J.1. The sole question arising for determination of this Court is 'whether a trial Court has misappreciated the evidence in recording the acquittal of the accused in the criminal case against him for the commission of the offence under Sections 41/42 of the Indian Forest Act, 1927 and under Sections 379/ 411 of the Indian Penal Code'. At the material time, PW-8 Jeet Singh and PW-10 Prem Parkash Sethi were Inspectors in Enforcement Department at Shimla, whereas S/Shri Narain Singh and Chander Mani were the employees of the Forest Department. Shri Jagat Ram, accused was a forest lessee of Shimla Forest Division dealing in timber business at that time. On a secret information, PW-8 in the presence of PWs 6, 9 and 10 conducted a raid at Railway Station, Shoghi on 2-6-1982 and found 205 scants of Kail Wood of different sizes lying in the yard of Railway Station. The said scants were bearing 'C.T.' KHUDAN mark. However, no property mark or export mark was affixed on any one of the...


Jun 06 1991

Thakur Dass Vs. State of H.P.

Court: Himachal Pradesh

Decided on: Jun-06-1991

Reported in: 1992CriLJ2415

V.P. Bhatnagar, J. 1. This appeal is directed against the judgment dated Sept. 14, 1990 of the learned Sessions Judge, Shimla, whereby he convicted accused Thakur Dass for an offence Under Section 302, IPC for having poured Kerosene oil on the body of his wife Kamla Devi and set her on fire causing 40 to 45% burn injuries in the evening of March 31, 1988. Kamla died in the hospital on May 11, 1988 as the result of the burn injuries. Thakur Dass was sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 3,000/-. In default of payment of fine, he was ordered to undergo further rigorous imprisonment for a period of three years.2. Briefly stated, the prosecution story is that Kamla was residing with her husband Thakur Dass, accused in a house situate in Elbert Lodge, Lower Bazar. She had been married to Thakur Dass for the last about 11 years, but no child had been born from the wedlock. On the day of occurrence viz. March 31, 1988, Mangla Devi, stated to be the God s...


Jun 04 1991

Ram Singh Vs. State of Himachal Pradesh

Court: Himachal Pradesh

Decided on: Jun-04-1991

Reported in: 1992CriLJ979

V.P. Bhatnagar, J.1. Appellant, Ram Singh has filed this appeal against the judgment dated 29-10-1985 of the learned Additional Sessions Judge, Mandi whereby he convicted him for the offence under Section 302 of Indian Penal Code and sentenced him to undergo life imprisonment. He was also ordered to pay a fine of Rs. 2000/-. In default of payment of fine, the appellant was to undergo further rigorous imprisonment for a period of one year.2. The appeal was heard in the first instance by a learned Division Bench of this Court comprising of R.S. Thakur and Bhawani Singh, JJ. Both the Judges handed down their judgments on March 24, 1989. Bhawani Singh, J. was of the opinion that an offence under Section 304, Part-II of the Indian Penal Code had been proved against the appellant. He, therefore, altered the conviction from that Under Section 302 Indian Penal Code to Section 304 Part II and proceeded to sentence the appellant to rigorous imprisonment for a period of 5 years and to pay a fine ...


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