Himachal Pradesh Court March 1993 Judgments

Sham Sunder Vs. State of Himachal Pradesh

Court: Himachal Pradesh

Reported in: 1993CriLJ3631

ORDERBhawani Singh, A.C.J.1. Petitioner Sham Sunder has assailed the framing of charge against him by Sessions Judge, Una, dated 17-10-1992 for offences under Sections 302/304B and 498 A of the Indian Penal Code.2. The prosecution case, shortly stated, is that the accused had married the deceased (Seema) on 16th October, 1988. For sometime, the relations between the couple were good. However, they started becoming strained on account of the harassment of the deceased by the petitioner and his demands for dowry. On 25-7-1990, at about 8.45 p.m., the accused set her on fire by pouring kerosene oil on her while she was in the kitchen of the house. A doctor was called, on whose advice the deceased was shifted to District Hospital, Una, and then to P.G.I. Chandigarh within hours, where she died on 27-7-1990 at 8.45 p.m. During the course of investigation, the police examined certain witnesses, collected certain documents and other evidence relating to this case and then finally, on completi...

Smt. Amrit Kaur and ors. Vs. Chaman Lal and anr.

Court: Himachal Pradesh

Reported in: 1993ACJ770,AIR1994HP21

Devinder Gupta, J. 1. Claimants have preferred this appeal against the Award made on 23rd March, 1987 by Motor Accident Claims Tribunal (II), Shimla, award-ing a sum of Rs. 15,000/- only under Section 92-A of the Motor Vehicle Act, 1939 (hereinafter referred to as 'the Act') and dismissing the claim petition as barred by limitation.2. On 9th October, 1982, Ram Singh, the husband of appellants Nos. 1 and 2 and father of appellants Nos. 3 to 5, who was working as Book Binder in Government of India Press, Shimla, got lift in Truck bearing registration No. CHW-505, owned by Respondent No. 1, from Police Barrier Boileaganj, Shimla. He was to go to Lady Reading Hospital, Shimla to see his sister's daughter. Lift was obtained at about 12.00 p.m. The truck had hardly covered a distance of about 1 Furlong when it rolled down and fell below the Tuti-kandi road. As a result of this accident, both the truck driver and said Shri Ram Singh died on the spot. Imputing rash and negligent driving on the...

Vidya Singh and anr. Vs. the State of Himachal Pradesh

Court: Himachal Pradesh

Reported in: 1993CriLJ1988

Kamlesh Sharma, J.1. This appeal is directed against the judgment dated 22-6-1992 of Sessions Judge, Shimla whereby both the appellants have been convicted of offence under Section 366 IPC and sentenced to undergo rigorous imprisonment for one year each and to pay a fine of Rs. 500/- each. Appellant No. 1 Vidya Singh has further been convicted under Sections 368 and 376 IPC and sentenced to undergo rigorous imprisonment for two years and four years respectively and to pay a fine of Rs. 1,000/- and Rs. 3,000/- respectively. Appellant No. 2 Davinder Singh is also convicted under Section 109 read with Sections 368 and 376 IPC and sentenced to undergo rigorous imprisonment for one year and two years respectively and to pay a fine of Rs. 500/ - and Rs. 1,000/- respectively. In default of payment of fine imposed upon them, they were ordered to undergo further rigorous imprisonment as mentioned in the judgment.2. The prosecution case was initiated at the instance of Budh Ram PW-7, brother of ...

State of Himachal Pradesh Vs. Subhash Chand and Two ors.

Court: Himachal Pradesh

Reported in: 1993CriLJ3706

D.P. Sood, J.1. The State of Himachal Pradesh has assailed the judgment dated 31-3-1992 passed by the learned Sub Divisional Judicial Magistrate, Kangra, whereby the accused three in number, now respondents before this court, have been acquitted for the commission of the offence under Section 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954, (hereinafter called as the Act).2. Shortly stated, the facts of the case are that Subhash Chand, respondent No. 1 carries on his business in a shop located at Nagrota-Bagwan. Food Inspector, Jagat Ram, visited the same on 3-12-1986. He after disclosing his identity purchased 600 grams 'Orange candy HBC-Chinar Coloured' from him on payment of Rs. 13.00. After observing the codal formalities as to the pouring, packing and wrapping of the above said commodities, he kept the samples into three clean and dry hottles. One sample was sent to the Public Analyst for the purpose of analysis. Vide report Ex.P.F., the aforesaid commodity was found ...

Ram Krishan Vs. Rulda and ors.

Court: Himachal Pradesh

ORDERDevinder Gupta, J. 1. The revision petition is at the behest of Ram Krishan, objector, challenging the order pased on 16th December, 1989 by District Judge, Una, allowing the appeal of decree-holder respondent No. 1 and holding the objections filed by Ram Krishan as not maintinable and thereby setting aside the order passed on 24th December, 1987 by Senior Sub Judge, Una, who had allowed the objections and dismissed the execution petition. 2. It would be pertinent to give some background of the litigation. On 16th August, 1973, Civil Suit No. 300 of 1973 was instituted by decree-holder Rulda impleading Shakti Chand, Anirudh and Hem Raj sons of Bashambar as defendants, claiming possession of 17 kanals 6 marlas of land. The suit was decreed on 9th June, 1977. One fact, which deserves notice at this stage, is that Ram Krishan petitioner, while appearing as D W 1 in the said suit had deposed that the suit land was in his possession as tenant on payment of rent, which had been given to...