Himachal Pradesh Court December 1999 Judgments
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Surinder Kumar Sikand Vs. State of H.P.
Court: Himachal Pradesh
Decided on: Dec-29-1999
Reported in: 2000CriLJ4207
ORDERM.R. Verma, J.1. By this application, the petitioner has prayed for anticipatory bail in two cases, namely, (i) F. I. R. lodged on the basis of the report of the Divisional Commissioner Mandi, and (ii) in the F. I. R., if any, lodged on the basis of an earlier inquiry pending against him, both for the commission of offences punishable under Section 5 of the Corruption Act or any other non-bailable offences which might have been registered against him. It has been averred in the application that the petitioner who is due to retire on 31 -12-1999 has been falsely implicated and is innocent and has not committed any irregularity in the purchase of cold Bitumen which has been purchased by him through negotiation and by following the proper procedure, the inquiry on the basis of which he is alleged to have made the said purchases illegally is biased, false and has been made with a view to malign the image of the petitioner without any basis. Regarding the second case it has been averre...
Vimal Kishore Vs. D.D. Gautam and anr.
Court: Himachal Pradesh
Decided on: Dec-29-1999
Reported in: 2000CriLJ1864
ORDERM.R. Verma, J.1. This Revision Petition under Sections 397, 401 of the Code of Criminal Procedure, 1973, read with Section 27 of the Prevention of Corruption Act, 1988, is directed against t he judgment dated 6-12-1997 passed by the learned Special Judge, Solan whereby the accused-respondent No. 1 (hereinafter referred to as the accused) has been acquitted of the charge under Section 13(1)(d) of the Prevention of Corruption Act, 1988.2. Case of the prosecution, in brief, is that Vimal Kishore (PW-12) was a registered class-D Contractor with the Himachal Pradesh Public Works Department, Division Solan, since 1990. He was awarded work order 31-3-94 for Rs. 5000/- for supplying grit to HPPWD, Sub-Division, Kasauli pursuant to which he supplied 19 cubic meter grit and also supplied additional grit to the said Sub-Division. However, payments were not made to him. He met the accused who has then posted as Executive Engineer at Kasauli for releasing the payment but the accused demanded a...
National Insurance Co. Ltd. Vs. Anjana Shyam and ors.
Court: Himachal Pradesh
Decided on: Dec-28-1999
Reported in: 2000ACJ1585
Lokeshwar Singh Panta, J.1. This is a batch of 41 appeals filed under Section 173 of the Motor Vehicles Act, 1988, out of which 38 appeals are by the National Insurance Co. Ltd. and three by the claimants. The appeals arise out of the separate judgments and awards dated 27.3.1997, 31.7.97, 15.1.1999 and 10.5.1999 respectively, rendered by the Motor Accidents Claims Tribunals, Shimla and Rampur Bushehr in different claim petitions, whereby the compensation has been awarded in favour of the victims who received injuries and legal representatives/heirs of the persons who died in the motor vehicle accident occurred on 4.3.96. The facts and law involved in these appeals are identical and learned counsel for the respective parties advanced their arguments in common and, therefore, we propose to decide these appeals by this common judgment.2. The facts giving rise to these appeals may briefly be stated as under:On 4.3.1996 bus bearing registration No. HP-06-1245 owned by respondent No. 2, Sec...
Om Parkash and anr. Vs. State of Himachal Pradesh
Court: Himachal Pradesh
Decided on: Dec-21-1999
Reported in: 2000CriLJ2675
M.R. Verma, J.1. This appeal is directed against the judgment dated 23-11-1996 passed by the learned Sessions Judge, Una, whereby while acquitting the co-accused Chanchla Devi, the accused-appellants (here-inafter referred to as the 'accused') have been convicted under Section 304, Part-II read with Section 34, IPC and under Section 325 read with Section 34, IPC and each of them has been sentenced to undergo rigorous imprisonment for five years and to pay a fine in the sum of Rs. 5,000/- each, under Section 304, Part-II, IPC and to undergo rigorous imprisonment for three years and to pay fine in the sum of Rs. 5,000/- each under Section 325, IPC. In default of payment of fine under each count, they have been ordered to sufffer further rigorous imprisonment for six months each. The term of imprisonments awarded on different counts to each accused, have been made to run concurrently.2. The case of the prosecution in brief is that on 17-9-1994 at about 6.00 a.m. the accused persons and Ch...
Tirlok Singh Thakur Vs. Madan Singh Nirala
Court: Himachal Pradesh
Decided on: Dec-20-1999
Reported in: AIR2000HP95
R.L. Khurana, J.1. The present application has been made by the defendant. Madan Singh Nirala, under Order 37, Rule 4 read with Section 151, Code of Civil Procedure, for setting aside the decree dated 15-1-1999 passed in Civil Suit No. 83 of 1998. under Order 37, Rule 2(3). Code of Civil Procedure.2. The facts giving rise to the present application are these. The plaintiff Tirlok Singh Thakur filed a suit against the defendant for the recovery of Rs. 5,33,750/- on the basis of an agreement dated 12-7-1998 under Order 37, Rule 1, Code of Civil Procedure. Summons of the suit as contemplated under Rule 2(2) of Order 37. Code of Civil Procedure dated 19-12-1998 were served on the defendant through his mother Smt. Shakuntla on 29-12-1998. In spite of having been so served, the defendant failed to put in appearance within the stipulated period of ten days. Consequently, in default of the defendant's entering appearance, the allegations in the plaint were deemed to be admitted and a decree fo...
State of H.P. Vs. Kanshi Ram
Court: Himachal Pradesh
Decided on: Dec-16-1999
Reported in: 2000CriLJ1755
M.R. Verma, J.1. This appeal is directed against the judgment dated 6-7-1996 passed by the learned Chief Judicial Magistrate, Shimla, whereby the accused-respondent (here in after referred to as the 'accused') has been acquitted of the offences under Sections 279 and 304-A of the Indian Penal Code.2. The case of the prosecution in brief is that on 18-11-1992 at about 2.55 p.m. PW-10 Meera Devi along with her mother Smt. Satya Devi (since deceased) had gone to bus stand Shimla for boarding a bus. At that time, Smt. Satya Devi had gone to purchase biscuits from a shop at the bus stand. When she was returning therefrom towards PW 10 Meera Devi bus No. HP-33-0160 being driven by the accused came from behind at a high speed and was driven in a negligent manner and struck against Satya Devi who succumbed to the injuries sustained by her. On a statement made by PW 10, Meera Devi under Section 154, Cr.P.C. Ex. PW9/A an FIR under Sections 279, 337, 338 and 304-A, IPC, Ex.-PW9/B was recorded in ...
State of H.P. Vs. Pawan Kumar and anr.
Court: Himachal Pradesh
Decided on: Dec-15-1999
Reported in: 2000CriLJ4889
M.R. Verma, J.1. This is an appeal against the judgment dated 5-7-1995 passed by the learned Judicial Magistrate, 1st Class, Bilaspur whereby the accused-respondents (hereinafter referred to as 'the accused') have been acquitted of the charge under Section 498-A, I.P.C.2. Case of the prosecution, in brief, is that PW-1 Surindera was married to accused-Pawan Kumar about 5 years before lodging of the FIR by PW-1 against the accused persons. After about a month of the marriage, accused Pawan Kumar started beating PW-1 on the pretext that she was not good looking and did not work properly. On complaint made to the parents of accused-Pawan Kumar, he was advised by his parents but in vain and he continued to beat and criminally intimidate his wife Surindera. On 9-10-1992 at about 9 p.m. accused persons and Budh Ram, husband of accused-Vidya, came on the lintel and asked Surindera to leave the house otherwise she would be done to death and thereafter beat her up. The accused is residing with ...
State of Himachal Pradesh Vs. Jai Pal
Court: Himachal Pradesh
Decided on: Dec-09-1999
Reported in: 2000CriLJ1577
M.R. Verma, J.1. This appeal is directed against the judgment dated 13-12-1994 passed by the learned Chief Judicial Magistrate, Solan whereby accused-respondent (hereinafter referred to as the 'accused') has been acquitted of the accusations under Sections 279/337 of the Indian Penal Code.2. Case of the prosecution in brief is that on 2-9-1990 at about 6.30 a.m. Ravinder Kumar (PW 1) was coming on his scooter No. HPA-7095 front Dharampur to Solan. When he reached in front of a shop of Jagdish (PW 2) in Dharampur bazar, one Canter No. HR-04-0195 driven by the accused came from opposite side at an extremely high speed and dashed against the scooter, whereby the scooter fell on left side of the road and Ravinder Kumar sustained injuries. PW Ravinder Kumar made a statement about the occurrence under Section 154, Cr.P.C. Ex. PW-1/A to the police and on the basis of such statement, F.I.R. Ex. PW-7/A was recorded in Police Station, Dharampur and the investigation in the matter commenced. Duri...
Surinder Kumar Vs. State of Himachal Pradesh
Court: Himachal Pradesh
Decided on: Dec-09-1999
Reported in: 2000CriLJ3590
ORDERM.R. Verma, J.1. This application under Section 439, Cr.P.C. has been moved by the accused-petitioner (hereinafter referred to as 'the accused') for his release on bail in case FIR No. 108/1999 dated 16-3-1999 under Sections 302, 341, 323/34, IPC registered at Police Station, Kangra. It is claimed that the accused, who is presently in judicial custody, was arrested on 17-3-1999 along with his co-accused Kaushalya Devi and Bhagwan Dass alias Harnam Singh, both of whom have been released on bail. The accused is alleged to have given a blow on the head of one Gopal Dass with a Fatti thereby causing his death but the accused is innocent and has been falsely implicated in the case.2. I have heard the learned counsel for the accused and the learned Addl. Advocate General for the State and have also gone through the investigation record and the report submitted by the police which report has been placed on record.3. Case of the prosecution against the accused, in brief, is that on 16-3-1...
Ajay Kumar Jarial Vs. State of H.P.
Court: Himachal Pradesh
Decided on: Dec-08-1999
Reported in: 2000CriLJ4888
ORDERM.R. Verma, J.1. The accused-petitioner (hereinafter referred to as 'the accused') is alleged to have dishonestly tampered with the official records to enable him to commit the offences of misappropriation/cheating and criminal breach of trust while working as a Clerk on the establishment of B. M. O., Bharmaur. By the alleged acts of forgery, he had encashed two bills each amounting to Rs. 50,000/-. On these allegations, FIR No. 36/1999, dated 7-6-1999 under Sections 409, 420, 467, 468 and 471, I.P.C. has been registered against the accused at Police Station, Bharmaur. His application for grant of anticipatory bail has already been rejected by the learned Sessions Judge, Chamba on 5-7-1999. Hence the present application for grant of anticipatory bail to him.2. It is averred in the application that presently he is not posted at the station where he is alleged to have embezzled the amount; that the investigation in the case is complete and nothing is to be recovered from him and tha...
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