Himachal Pradesh Court July 1999 Judgments
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Om Prakash Vs. State of H.P.
Court: Himachal Pradesh
Decided on: Jul-30-1999
Reported in: 2000CriLJ1591
M.R. Verma, J.1. This is an appeal preferred by the appellant/accused (hereafter referred to as the 'accused') against the judgment dated November 9, 1998 passed by the learned Sessions Judge, Chamba whereby the accused has been convicted under Section 376(2)(e) of the Indian Penal Code and has been sentenced to rigorous imprisonment for ten years and to pay fine in the sum of Rs. 2,000/- and in default of payment of fine, to further rigorous imprisonment for one year.2. Briefly, the case of the prosecution is as follows. PW 1 Pano Devi (hereafter referred to as the 'prosecutrix') is married in village Kandog. On August 20, 1977 she came to her parents' house in village Ohla and was staying there. At the relevant time, she had eight months pregnancy. On August 22, 1997, she left per parental house for Jijwas to bring grass. At about 4.00 p.m. when she reached at a place known as 'Kilat Nali', the accused met her who was staring at her. When the prosecutrix was crossing him, he abruptly...
State of H.P. Vs. Bhagat Ram and ors.
Court: Himachal Pradesh
Decided on: Jul-29-1999
Reported in: 1999CriLJ4705
M.R. Verma, J.1. This is an appeal against the judgment dated 3-2-1996 passed by the learned Judicial Magistrate Ist Class, Bilaspur whereby the accused-respondents (hereinafter referred to as the accused) have been acquitted of the charge under Sections 353/34, 332/34 and 506/34, IPC.2. Case of the prosecution, in brief, is that on 19-5-1992 PW 1 Thakur Ram being the then P.T.I. in Government Middle School, Makri was taking the class of social work of VIII standard and another teacher PW 5 Balwant Singh was also present there for the same purpose, at that time, the accused entered into the school premises and inquired from PW Thakur Ram Chandel as to why he had beaten up their children. He denied the beatings to the children, whereupon the accused started giving him blows with fist, legs and dandas. They also threatened said Thakur Ram to do away with his life. On alarm having been raised by W Thakur Ram, PW 5 Balwant Singh went to the Head Master and thereafter PW 10 Ashok Kumar Shar...
Nand Parkash Vohra and Etc. Vs. State of H.P. and ors.
Court: Himachal Pradesh
Decided on: Jul-26-1999
Reported in: AIR2000HP65
Kamlesh Sharma, J.1. These two writ petitions (C.W.P. No. 14 of 1999 and C.W.P. No. 35 of 1999) are being disposed of by a common judgment as in both of them, inter alia, same order dated 27-12-1998 (Annexure P-15) of the Registrar, Co-operative Societies, Himachal Pradesh (hereinafter called 'the Registrar') has been assailed on the same set of facts and law points. By the said impugned order the Registrar has accepted the appeal filed by respondent No. 6 Jagdish Shankhyan and set aside the award dated 26-10-1998 of the Arbitrator,the District Audit Officer. Co-operative Societies, Mandi District, Mandi, who had allowed the election petitions of the petition-ers in both these writ petitions, namely, Nand Parkash Vohra, Prem Lal and Deepak Sharma and set aside the elections to the Managing Committee of respondent No. 5 the Bilaspur Truck Operators Co-operative Transport Society Ltd. (hereinafter called 'the Society') held on 25-5-1998, in which respondent No. 6 Jagdish Shankhyan was el...
State of H.P. Vs. Rehmat Ali
Court: Himachal Pradesh
Decided on: Jul-22-1999
Reported in: 2000CriLJ675
M.R. Verma, J. 1. This appeal has been preferred by the State against the judgment dated 3-5-1995 passed by the learned Sessions Judge, Sirmaur whereby the judgment dated 14-12-1993 passed by the learned Sub Divisional Judicial Magistrate (1), Paonta Sahib convicting the accused-respondent (hereinafter referred to as 'the accused') under Sections 279 and 304-A of the Indian Penal Code and sentencing him to suffer simple imprisonment for six months and to pay fine in the sum of Rs. 2000/- under Section 304-A, I.P.C. and in default of payment of fine to suffer further simple imprisonment for hone month and to pay fine of Rs. 500/- under Section 279 of the Indian Penal Code and in default of payment of fine to suffer simple imprisonment for one month, has been set aside.2. Case of the prosecution, in brief, is that on 14-8-1989 at 9.45p.m. H.C.Chaman Lal and Constable Mahal Singh of Police Station Paonta were detailed for patrol duty by H.C. Baldev Singh. All these three police officials ...
Rajesh Sharma and anr. Vs. State of Himachal Pradesh
Court: Himachal Pradesh
Decided on: Jul-22-1999
Reported in: 2000CriLJ1869
R.L. Khurana, J.1. The two appellants, hereinafter referred to as the accused, stand convicted by the learned Sessions Judge, Nahan, in Sessions Trial No. 59-ST/7 of 1997 vide judgment dated 13-11-1998 for the offences under Sections 302 and 201 read with Section 34, Indian Penal Code. Upon such conviction each of the two accused has been sentenced to undergo rigorous imprisonment for life for the offence under Section 302 read with Section 34, Indian Penal Code, and to pay a fine of Rs. 2000/- each. In default of payment of fine, each of the two accused has been sentenced to undergo rigorous imprisonment for a further period of two months. No separate sentence was imposed upon the two accused for the ancillary offence under Section 201 read with Section 34, Indian Penal Code.2. Briefly, the prosecution story may be thus stated. The two accused are residents of Panipat (Haryana). In the month of July, 1997 accused-Yash Pal was a partner of the firm Messrs. Bhagwati Yarn Traders of Pani...
Santo Devi and anr. Vs. Guru Nanak Lime and Marble Industry and ors.
Court: Himachal Pradesh
Decided on: Jul-21-1999
Reported in: 2000ACJ842
Lokeshwar Singh Panta, J.1. This appeal under Section 173 of the Motor Vehicles Act, 1988 has been filed by the claimants-appellants against the judgment and award dated 7.9.1991 of Motor Accidents Claims Tribunal-I, Sirmour District at Nahan in MACP No. 18-N/2/89 where-under the petition for claiming compensation of Rs. 1,20,000 filed by the claimants for the death of Fatia in the accident came to be dismissed.2. The undisputed facts are that one Fatia on 14.4.1989 was travelling in truck bearing registration No. UTL 5064 as labourer and the said truck was coming from Herbertpur to Shiva-Banur for lifting of lime stones. When the truck reached near a place known as Kotali-Bheend it could not be controlled by its driver and fell into a khud at about 2 p.m. in which Fatia died. The claimants who alleged that they are the widow and minor sons of Fatia filed the claim petition against the respondent owner of the vehicle in question, driver of the vehicle and the New India Assurance Co. Lt...
Himachal Road Transport Corporation and anr. Vs. Sat Pal and anr.
Court: Himachal Pradesh
Decided on: Jul-20-1999
Reported in: 2001ACJ529
L.S. Panta, J.1. This appeal at the instance of Himachal Road Transport Corporation (for short 'the H.R.T.C) and its Regional Manager has been directed against the judgment and award dated 18.1.1991 of the Motor Accidents Claims Tribunal (II), Sirmaur District at Nahan in Petition No. 1-N/2 of 1990, whereby the total amount of compensation of Rs. 1,29,000 has been awarded in favour of claimant-respondent Sat Pal and against the appellants for the personal injury sustained by the claimant-respondent in the accident. The claimant-respondent has also filed cross-objections for enhancement of the amount of compensation to Rs. 2,50,000 as claimed by him before the Tribunal below.2. The claimant-respondept boarded bus No. HPN 913 belonging to the appellants from Nahan to Dhaula Kuan. When the said bus reached at village Kilar, it met with an accident on 13.9.1989 at about 5.30 p.m. Lekh Ram respondent was the driver of the bus in question. In the accident, the claimant-respondent received gr...
Meenakshi Mehta Vs. Major Atul Mehta
Court: Himachal Pradesh
Decided on: Jul-16-1999
Reported in: AIR2000HP73,I(2000)DMC685
M.R. Verma, J.1. This appeal under Section 28 of the Hindu Marriage Act, 1955 (hereafter referred to as the 'Act') is directed against the judgment and decree dated September 1, 1998 passed by the learned District Judge, Solan, whereby the petition of the husband/respondent under Section 13 of the Act has been allowed and the marriage between the parties has been dissolved.2. The facts leading to the presentation of this appeal are as follows. The marriage between the parties was solemnised on September 28, 1984 at Shamli (Uttar Pradesh) in accordance with the Hindu rites andceremonies. The parties thereafter cohabited as husband and wife at Delhi, Belgaum, Chandigarh and lastly at Subathu. Out of the wedlock son Karan and daughter Nidhi were born respectively on October 23, 1986 at Delhi and on November 25, 1990 at Chandimandir. The respondent/husband filed a petition under Section 13 of the Act praying for a decree for dissolution of the marriage on the ground of cruelty in the Court...
Gulzar Mohammad and anr. Vs. Bikka and ors.
Court: Himachal Pradesh
Decided on: Jul-16-1999
Reported in: 2000ACJ768
Kamlesh Sharma, J.1. This appeal at the instance of claimants is for enhancement of the compensation awarded to them by award dated 4.2.1991, passed by Motor Accidents Claims Tribunal, Una. Against their claim of compensation of Rs. 2,00,000 (Rupees two lakh) an amount of Rs. 37,000 was awarded besides interest at the rate of 10 per cent per annum from the date of institution of the petition till the date of realisation for the death of their only son, Mohammad Hussain alias Raju aged 7 years in an accident of truck No. HPG 4281 owned by respondent Nos. 2 and 4 and insured with respondent No. 3, insurance company. The unfortunate accident had taken place on 14.7.1988 at village Dukki Do Sarka, Tehsil Amb, District Una, as a result of rash and negligent driving by respondent No. 1, the driver of the truck in question, as held by the Motor Accidents Claims Tribunal in the impugned award against which no appeal has been filed by either of the respondents.2. We have heard learned counsel f...
Amar Singh Vs. State of H.P.
Court: Himachal Pradesh
Decided on: Jul-13-1999
Reported in: 2000CriLJ189
ORDERM.R. Verma, J. 1. Accused-petitioner has moved the present application under Section 439 of the Code of Criminal Procedure praying for his release on bail in case FIR No. 41 of 1999 dated 21-6-1999 under Sections 307, 353, 332, 506 and 186 of the Indian Penal Code registered in Police Station, Chopal. It is claimed that the petitioner at present is in judicial custody and is an innocent person who has wrongly and falsely been implicated in the case due to political rivalry of the rival group of the same area. It is further averred that the offence under Section 307 of the Indian Penal Code is not made out against him, that he is a respectable person of the area and is not likely to flee from justice or repeat the offence and that in case released on bail he will not tamper with the prosecution evidence.2. I have heard the learned Additional Advocate General and the learned counsel for the accused-petitioner and have also gone through the relevant records.3. Case of the prosecution...
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