Himachal Pradesh Court November 2007 Judgments
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Sunita Chaudhary Vs. Sandeep Grover
Court: Himachal Pradesh
Decided on: Nov-08-2007
Reported in: 2007(3)ShimLC155
Kuldip Singh, J.1. The complainant is in revision against the order dated 21.8.2007 passed by learned Sessions Judge, Shimla in Criminal Revision Petition No. 21-S/10 of 2007 setting aside order dated 27.6.2005 of learned Judicial Magistrate 1st Class, Court No. 3, Shimla in Complaint No. 205/3 of 2005 and quashing all other subsequent proceedings in complaint No. 205/3 of 2005.2. The facts in brief as emerge from the complaint are that Smt. Sunita Chaudhary petitioner filed a complaint against respondent Sandeep Grover under Section 138 of the Negotiable Instruments Act, 1881 on account of bouncing of cheque dated 13.12.2004 of Rs. 1,00,000/- issued by respondent in favour of the petitioner.3. It has been alleged in the complaint that respondent had requested the petitioner to advance a loan of Rs. 1,00,000/- which she advanced to him in June, 2001, he told the petitioner that the amount would be refunded to her within one year, but respondent did not make any payment of the loan to t...
Sewa Dass and ors. Vs. State of H.P.
Court: Himachal Pradesh
Decided on: Nov-08-2007
Reported in: 2007(3)ShimLC160
Surjit Singh, J.1. Appellants have preferred this appeal against the judgment of the trial Court, whereby they stand convicted of offences, punishable under Sections 376(2)(g), 341 and 323 read with Section 34 of the Indian Penal Code and sentenced as follows:Under Section 376 read Rigorous imprisonment for 10 years and finewith Section 34 IPC of Rs. 10,000/- each; in default of paymentof fine rigorous imprisonment for a furtherperiod of 2 years each.Under Section 323 read Rigorous imprisonment for six months andwith Section 34 IPC fine of Rs. 500/- each; in default of paymentof fine, rigorous imprisonment for a furtherperiod of 2 months each.Under Section 341 read Fine of Rs. 500/- each; in default of paymentwith Section 34 IPC of fine to undergo rigorous imprisonmentfor a period of one month each.2. Appeal was filed by the appellants through Counsel Shri Anup Rattan, Advocate. Later on, they engaged one more Counsel, namely Varinder Singh, Advocate. Today, when the matter was taken u...
Sonam Ram and ors. Vs. Jagat Ram and ors.
Court: Himachal Pradesh
Decided on: Nov-06-2007
Reported in: 2007(3)ShimLC258
Kuldip Singh, J.1. This appeal is directed against the judgment, decree dated 16.8.1995 passed by learned Additional District Judge, Kullu in Civil Appeal No. 20 of 1995, reversing judgment, decree dated 28.2.1995 passed by learned Senior Sub Judge, Lahaul-Spiti exercising the powers of Sub Judge 1st Class, Kullu in Civil Suit No. 40 of 1992.2. The facts in brief are that respondents-plaintiffs filed a suit for declaration that land comprising Khasra Nos. 2972 and 2971 measuring 1 bigha 19 biswas, situated in Phati Vashishat Kothi Jagatsukh, Tehsil and Distt. Kullu vide Jamabandi for the year 1987-88 is jointly owned by the parties in which respondents are joint owners in possession to the extent 5/24 shares and as such they are entitled to separate their shares by way of partition with consequential relief of injunction restraining the appellants-defendants from denying the title of the respondents in the suit land and from dispossessing or ousting them till the suit land is lawfully ...
State of H.P. Vs. Mohan Lal
Court: Himachal Pradesh
Decided on: Nov-06-2007
Reported in: 2007(3)ShimLC151
Surjit Singh, J.1. This appeal by the State is directed against the judgment of Sessions Court, whereby the respondent, who was charged with an offence under Section 376 of the Indian Penal Code, has been acquitted.2. Case of the prosecution may be summoned up thus. The prosecutrix (PW4), aged about six years, used to live with her maternal grand parents and was a student of 1st Class, at the time of commission of the crime. The date of commission of crime is 18.1.1993. On that date, she had gone to the school. While returning home, around 4.30 p.m., she walked along the path that passes in front of the shop of the respondent. The respondent allured the prosecutrix by offering a candy and took her inside the shop. Then he stripped naked the lower part of her body and also took off his own pant and seated her in his lap. He then forced his male organ into her vagina. This resulted in the bleeding from her vagina. The girl started crying. The respondent then released her. The girl put on...
Rajiv Kumar Alias Guglu Vs. State of H.P.
Court: Himachal Pradesh
Decided on: Nov-02-2007
Reported in: 2008(1)ShimLC168
Surjit Singh, J.1. Appellant is aggrieved by the judgment of the trial Court whereby he has been convicted of offence punishable under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs. 2,00,000/-, in default of payment to fine to undergo rigorous imprisonment for a further period of two years.2. Appellant was sent up for trial for an offence, under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985, by the Police, on the following allegations. On 23.5.2003 when a Police Party, headed by PW-10 ASI Harbans Lal and comprising PW-2 HC Sarbjit Singh, PW-3 Constable Sanjiv Kumar and PW-5 HHC Sher Bahadur, as its other members, was present in village Laluwal in connection with routine patrolling, PW-1 Constable Suresh Kumar met it and informed PW-10 ASI Harbans Lal that he had secret information that the appellant had kept poppy straw in his house in village Bolcwal a...
State of H.P. Vs. Ravi Kumar
Court: Himachal Pradesh
Decided on: Nov-02-2007
Reported in: 2007(3)ShimLC157
Kuldip Singh, J.1. The State has filed this appeal against the judgment dated 25.11.1999, passed by the learned Judicial Magistrate 1st Class, Manali, District Kullu, H.P. in Criminal Complaint No. 388-1/99/95, acquitting the respondent under Sections 32, 33 of the Indian Forest Act (for short, the Act).2. The prosecution case in brief is that on 1.9.1993 Nand Lal, Forest Guard of Patli Kuhal beat was intimated through application that respondent-accused Ravi Kumar encroached the land and illegally cut ten pine trees. He was questioned and he confessed his guilt in writing and agreed to pay compensation amounting to Rs. 5,618/- for cutting the trees, but actually did not pay. After completion of the investigation, Challan was put up against the respondent and notice of accusation was put to him under Sections 32, 33 of the Act, to which he pleaded not guilty and claimed trial.3. The prosecution examined five witnesses, the respondent was examined, under Section 313 Cr.P.C. in which he ...
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