Himachal Pradesh Court October 1999 Judgments
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Anuj Alias Anu and anr. Etc. Vs. State of H.P.
Court: Himachal Pradesh
Decided on: Oct-29-1999
Reported in: 2000CriLJ1103
M.R. Verma, J. 1. The four accused/ appellants (hereafter referred to as the 'accused') in these two appeals (Cr. A. No. 129 and Cr. A. No. 247 of 1999) have been convicted and sentenced under Section 302 read with Section 34 of the Indian Penal Code to life imprisonment and to pay fine in the sum of Rs. 2000/- each and in default of payment of fine, to undergo rigorous imprisonment for a period of two months by the icarned Sessions Judge, Kangra at Dharamshala by the impugned judgment. Since both these appeals arise out of the same judgment, therefore, are being disposed of by this common judgment. 2. The case of the prosecution against the accused is that on October 27, 1997 during day time there was a 'Bhandara' and during night a 'Jagrata' in the house of one Saran Dass of village Sarah. At about 9.00 p.m. accused Kapoor Chand came to the 'Jagrata', stayed there for a few minutes and kept on searching for some-one and then abruptly left. Some-time after his leaving the place, PW-6 ...
State of H.P. Vs. Krishan Chand and ors.
Court: Himachal Pradesh
Decided on: Oct-27-1999
Reported in: 2000CriLJ2143
M.R. Verma, J.1. This appeal is directed against the judgment dated 27-4-1995 passed by the learned Judicial Magistrate Ist Class (2), Nurpur whereby the accused-respondents (hereinafter referred to as 'the accused') have been acquitted of a charge under Sections 147, 323/149, 324/149, 325/149, IPC.2. Case of the prosecution, in brief, is that on 25-5-1992 at about 7-30 p.m., accused Rakesh Kumar alias Pappu had a quarrel with Ranjit Singh (PW-2) at Dhaneti Bhurian. the cause of quarrel was that accused Rakesh Kumar suspected that said Ranjit Singh had committed theft of his bicycle. PW. Ranjit Singh questioned accused Rakesh Kumar as to why he was accusing him of theft of the bicycle whereupon the accused caught hold of him from the neck and the quarrel ensued. PW-1 Ram Singh, the complainant also reached on the spot. In the meanwhile, accused other than Rakesh Kumar also came on the spot and assaulted the complainant party, as a result whereof, PW-1 Ram Singh, PW-2 Ranjit Singh and S...
Jodh Singh Vs. Union of India (Uoi) and anr.
Court: Himachal Pradesh
Decided on: Oct-26-1999
Reported in: 2000CriLJ2393
Lokeshwar Singh Panta, J.1. The above writ petition has been filed by Naik (Lance Havildar) Jodh Singh under Articles 226 and 227 of the Constitution of India seeking the following reliefs :I. To quash the order Annexure P-1 of the General Court Martial convicting and sentencing the petitioner to suffer imprisonment for life;II. To quash the order of dismissal from service and reduced to ranks;III. that the petitioner may be ordered to be acquitted of the charges;IV. that the petitioner may be ordered to be reinstated in service with all consequential benefits; andV. That any other order deemed just and proper by the Court including the cost of the petition.2. The petitioner was enrolled in the Indian Army on 24th September, 1976 as Naik (Lance havildar) No. 3974969F and was posted to 11 Dogra on completion of basic training. During January 1992 he was serving in the Battalion in Nowshera Sector (J&K;). On 20th January, 1992 while the petitioner was serving on forward post he received ...
Girja Devi Alias Gita Devi Vs. State of Himachal Pradesh
Court: Himachal Pradesh
Decided on: Oct-15-1999
Reported in: 2000CriLJ1528
Surinder Sarup, J.1. This appeal is directed against the judgment of the learned Sessions Judge, Mandi, Kullu and Lauhal-Spiti Districts at Mandi dated 27/28-1-1997 whereby the appellant Girja Devi alias Gita Devi has been convicted under Section 302, I.P.C. for committing the murder of her husband Shri Pal Chand. She has been sentenced to undergo imprisonment for life and also to pay a fine of Rs. 5000/- in default of which to further undergo simple imprisonment for a period of three years. Be it stated here that originally the appellant along with co-accused Tulsi Ram was sent up for trial under Section 302 read with Section 34, IPC. The said Tulsi Ram has been acquitted by the learned Sessions Judge, Mandi by giving him the benefit of doubt.2. The case of the prosecution at the trial was that the appellant, whose name has been described in the record as Girja Devi alias Gita Devi, was married to one Pal Chand (since deceased). From this marriage, a son and a daughter were born. The ...
State of Himachal Pradesh Vs. Kamal Kishore
Court: Himachal Pradesh
Decided on: Oct-15-1999
Reported in: 2000CriLJ2661
Kamlesh Sharma, J.1. This appeal at the instance of the State of Himachal Pradesh is against the judgment dated 16-9-1991 whereby the Sessions Judge, Una has acquitted the respondent under Section 376, I.P.C. The brief facts of the case are that on 23-5-1989 at 11.15 a.m. the prosecutrix alongwith her parents came to police station Bangana and made a report on the basis of which FIR Ex. PC. was recorded. According to her she was studying in Primary School Raipur and her father was working as labourer. On Sunday the 21st May, 1989 at about 6.00 p.m. she had gone to the house of the respondent to watch a film on the television. After watching the television for some time on the asking of the mother of the respondent to bring a Patili (utensil for cooking rice and pulses etc.), the prosecutrix went to the flour mill of the respondent where he was sleeping outside over a cot. When she was returning after picking up the Patili, she was followed by the respondent and as soon as she turned ba...
Waryam Singh and ors. Vs. Income-tax Officer and ors.
Court: Himachal Pradesh
Decided on: Oct-14-1999
Reported in: [2000]243ITR665(HP)
D. Raju, C.J. 1. The above writ petition has been filed by the wife, the second petitioner, and two sons of the late Shri Sukhdev Singh, who was said to have died on March 15, 1989. During his life time, the deceased, Sukhdev Singh, was said to have been running a business by forming an 'association of persons' bearing the name 'Kangra Iron and Steels Syndicate', Kangra, in the year 1950. Concedingly, he had a flourishing business for some time but after about ten years the business came to a stand-still and was ruined, compelling, according to the petitioner, the deceased to sell almost all his assets to clear liabilities and debts in addition to mortgaging the house before his death. So far as the issues raised in the case on hand are concerned, the determination of which do not require the other details except noticing the fact that on account of the business activities carried on by the late Sukhdev Singh when he was alive, he incurred liabilities under the Income-tax Act, 1961, in...
Waryam Singh Vs. Income Tax Officer
Court: Himachal Pradesh
Decided on: Oct-14-1999
Reported in: [2000]108TAXMAN405(NULL)
ORDERRaju, CJ.The above writ petition has been filed by the wife, second petitioner and two sons of late Shri Sukhdev Singh, who was said to have died on 15-3-1989. During his lifetime, the deceased, Sukhdey Singh, was said to have been running a business by forming an 'association of' persons' bearing the name 'Kangra Iron & Steels Syndicate Kangra', in the year 1950. Concedingly, he had a flourishing business for some time but after about 10 years the business came to a standstill and ruined, compelling, according to the petitioner, the deceased to sell almost all his assets to clear liabilities and debts in addition to mortgaging the house before his death. So far as the issues raised in the case on hand are concerned, the determination of which does riot require other details except noticing the fact that on account of the business activities carried on by late Shri Sukhdev Singh when he was alive lie incurred liabilities under the lncome-tax Act, 1961 ('the Act'), in respect of th...
Prem Singh and anr. Vs. Padam Singh and ors.
Court: Himachal Pradesh
Decided on: Oct-13-1999
Reported in: AIR2000HP103
M.R. Verma, J.1. This appeal has been directed against the judgment and decree dated 17-4-1993 passed by the learned District Judge, Shimla whereby the judgment and decree passed by the learned Sub Judge, Theog, decreeing the suit of the plaintiffs-appellants (hereinafter referred to as 'the plaintiffs') has been set aside and the suit has been dismissed.2. Brief facts leading to the presentation of this appeal are that the plaintiffs instituted a suit for perpetual Injunction. Case of the plaintiffs as made out in the plaint, briefly, is that the plaintiffs are the owners in possession of the land comprising khasra Nos. 406, 413 and 423 measuring 3 bighas 11 biswas situate in chak Koti, Pargna Dharti, Teh. Thoog (hereinafter referred to as 'the suit land'). However, the respondents-defendants (hereinafter referred to as 'the defendants') are threatening to interfere with the possession of the plaintiffs over the suit land without any right, title and interest and to achieve their goal...
Tara Chand Etc. Vs. State of H.P.
Court: Himachal Pradesh
Decided on: Oct-13-1999
Reported in: 2000CriLJ3764
ORDERM.R. Verma, J. 1. Since these two petitions under Section 438, Cr.P.C. praying for anticipatory bail arise out of the same FIR No. 58/ 1999 under Section 376, I.P.C. of Police Station, Bharmour, therefore, are disposed of by this common order.2. The case against the accused-petitioners, in brief, is that Shanti Devi (hereinafter referred to as 'the prosecutrix') was in her tent at Budru on 26-8-1999. The accused-petitioners came there at about 1.30 p.m. while under the influence of liquor. They initially asked the prosecutrix to give some water and she obliged. Thereafter they asked her to give them liquor. The prosecutrix, however, informed that she had no liquor. The accused then started abusing her. On insistence of the accused in abusing the prosecutrix, she gave them one or two chimta blows, whereupon they went out of the tent. They returned back to the tent along with water and asked the prosecutrix to drink that water. When she refused, she was caught hold of by accused-Arj...
Nand Lal Vs. State of H.P.
Court: Himachal Pradesh
Decided on: Oct-11-1999
Reported in: 2000CriLJ3106
M.R. Verma, J.1. The appellant-accused (hereinafter referred to as the Accused) has preferred the present appeal against the judgment passed by learned Sessions Judge, Solan in Session Trial No. 2-A/7 of 1999 dated 17-5-1999 whereby the accused has been convicted under Sees. 376/511 I.P.C. and has been sentenced to undergo rigorous imprisonment for 3 years and to pay fine of Rs. 3000/- and in default of payment of fine to undergo further imprisonment for six months.2. Case of the prosecution against the accused is that Kumari Urmila (PW-4) was aged abut 11 years in the year 1991 and was studying in 5th standard in Government Middle School Bathalag. Her brother was also studying in the same school. On September 25, 1991 heryounger brother, namely, Baldev passed stool in his clothes whereupon Asha Sharma (PW-6) asked Urmila the prosecutrix to take him with her and wash his clothes. The prosecutrix took her younger brother to the water pond on way to their house where she started cleaning...
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