Himachal Pradesh Court April 2007 Judgments
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Tilak Raj Vs. State of H.P.
Court: Himachal Pradesh
Decided on: Apr-17-2007
Reported in: 2007(2)ShimLC433
Surjit Singh, J.1. Appellant, who has been convicted of offences under Sections 452 and 37b of the Indian Penal Code and sentenced to undergo rigorous imprisonment for two years and to pay fine of Rs. 10,000/- and in default of payment of fine to undergo rigorous imprisonment for a further period of six months for offence under Section 452 and to undergo rigorous imprisonment for a period of seven years and to pay fine of Rs. 25,000/- and in default of payment of fine to undergo rigorous imprisonment for a further period of one year for offence under Section 376 of the Indian Penal Code, by the Fast Track Court (Sessions Court), has sought reversal of the judgment convicting and sentencing him, as aforesaid.2. Case of the prosecution, as per record, is as follows. On 13.9.2004 the prosecutrix, who is a married woman, slept at her place alongwith her two minor daughters, aged 8 and 6 years, after chaining the door of the house from inside. Her husband, who is a mason, was not at home th...
Jaipal Singh Vs. Union of India (Uoi) and ors.
Court: Himachal Pradesh
Decided on: Apr-16-2007
Reported in: 2007(3)ShimLC295
Sanjay Karol, J.1. This judgment is being dictated in open Court in presence of the learned Counsel for the parties.2. Petitioner was enrolled in the Indian Army on 30th November, 1979. He was served with a show-cause notice dated 18.9.1995. Perusal of the same shows that during his service, he has incurred various entries in his conduct sheet, details are given as under:------------------------------------------------------------------------------------Date of Offence under AA Section Punishment Date ofoffence awardedaward------------------------------------------------------------------------------------(a) 25 Jul. 83 AA Section 39(b) Without 10 days pay fine. 25 Jul. 83sufficient cause OSL------------------------------------------------------------------------------------(b) 06 Mar. 85 -do- 14 days RI. 18 Mar. 85------------------------------------------------------------------------------------(c) 01 Nov. 87 AA Section 38(1) Deserting the Tried by SCM and 13 Nov. 90service. awarded...
New India Assurance Company Vs. Rattu Devi and ors.
Court: Himachal Pradesh
Decided on: Apr-16-2007
Reported in: 2007ACJ2554,AIR2007HP111,2007(2)ShimLC149
Kuldip Singh, J.1. This appeal has been filed by New India Assurance Company (hereinafter referred to as 'respondent No. 1') against the award dated 12th March, 2001 passed by the learned Motor Accident Claims Tribunal, Shimla in MACC No. 69-S/2 of 1998 allowing the claim petition.2. The brief facts of the case are that Tulsi Ram died in an accident involving Truck No. HIS-3512 owned by Rajinder Chhajta and it was being driven by respondent No. 3 Parvinder Singh, Driver at the time of accident. The truck was insured with respondent No. 1. The claimants are the widows and minor children of Tulsi Ram. The parties in this judgment are referred in the same manner as referred in the impugned award.3. The case of the claimants is that Tulsi Ram was aged 35 years and he was carpenter and horticulturist by occupation. His monthly income was Rs. 6,000. The claimants were dependant on Tulsi Ram who died in an accident of Truck No. HIS-3512 which took place on 21st November, 1996 at place Bora in...
Ramesh Chand @ Nikka Vs. State of H.P.
Court: Himachal Pradesh
Decided on: Apr-16-2007
Reported in: 2007(3)ShimLC139
Surjit Singh, J.1. Heard and gone through the record.2. Appellant has challenged the judgment of the Special Judge, whereby he has been convicted of an offence under Section 18(c) of the Narcotic Drugs and Psychotropic Substances Act, hereinafter referred to as the Act, and sentenced to undergo rigorous imprisonment for three and a half year and to pay a fine of Rs. 25,000/- and in default of payment of fine to undergo simple imprisonment for a period of one year.3. Case of the prosecution, as it emerges from the record, may be summed up thus. On 15.12.2003 when a police party, headed by PW-12 HC Sarbjeet Singh of CIA Staff Una, went towards Mehatpur in connection with routine patrolling, Constable Upnesh Kumar, who was already in the area of Mehatpur, informed HC Sarbjeet Singh that the present appellant had in his house large quantity of opium and that if search was conducted immediately the same could be recovered. That information was reduced into writing and sent to the Police Sta...
Som Raj Alias Soma Vs. State of H.P.
Court: Himachal Pradesh
Decided on: Apr-13-2007
Reported in: 2007(2)ShimLC32
Surjit Singh, J.1. Appellant Som Raj alias Soma is aggrieved by the judgment of the Sessions Court, whereby he has been convicted of offence under Section 302 of the Indian Penal Code, and sentenced to undergo rigorous imprisonment for life and to pay fine of Rs. 10,000 and in default of payment of fine, to undergo simple imprisonment for a further period of one year.2. Prosecution version may be summed up thus. On 29.7.2000 a 'Yagya' (religious function) was organized by Krishan Singh (PW-2) at his house in village Sanihal, Tehsil Nurpur. The deceased Sardari Lal and his brother Nek Ram and several other persons were invited to partake in the feast, which followed the 'Yagya'. Appellant and his brother Hari Singh were also among the invitees. Around 9.30 p.m. some altercation took place between deceased Sardari Lal and the appellant. Two nephews of Sardari Lal, named Sohan Singh (PW-4) and Shamsher Singh (PW-8), on noticing the altercation, went to call Nek Ram (PW-1), who was busy in...
H.P. Board of School Education Vs. Krishanu Ram
Court: Himachal Pradesh
Decided on: Apr-13-2007
Reported in: 2007(3)ShimLC298
Surjit Singh, J.1. Writ petitioner has sought judicial review of order dated 23.4.2001, passed by the H.P. State Administrative Tribunal, whereby it (the writ petitioner) has been directed to give all the monetary benefits of promotion to the respondent from the date of his notional promotion.2. Relevant facts are like this. Respondent is an employee of the writ petitioner. He was recruited as a Clerk. He was involved in some criminal case. The allegation was that he had changed the figures pertaining to the marks obtained by three candidates in some examination conducted by the writ petitioner. Matter was reported to the Police by the writ petitioner. Police investigated the case and challaned the respondent. Trial Court acquitted the respondent. Vide para-14 of its judgment, the trial Court held as follows:Thus, having regard to entire evidence on record, it can safely be concluded that there is nothing on record which could connect the accused persons with the commission of offence ...
Sanjeev Kumar Alias Sanju Vs. State of H.P.
Court: Himachal Pradesh
Decided on: Apr-12-2007
Reported in: 2007(2)ShimLC81
V.K. Ahuja, J.1. This is an appeal filed by the appellant against the judgment of the Court of learned Sessions Judge, Una dated 28.2.2006, vide which the appellant was held guilty and sentenced to rigorous imprisonment for six years and a fine of Rs. 10,000 for the offence under Section 376(2)(e)(g) IPC and rigorous imprisonment for three years and a fine of Rs. 3,000 for the offence under Section 452 IPC. In default of payment of fine imposed under Section 376(2(e)(g) IPC the convict was ordered to undergo further rigorous imprisonment for six months and in default of payment of fine imposed under Section 452 IPC, the convict was ordered to undergo imprisonment for two months. The sentences of imprisonment were ordered to run concurrently.2. Briefly stated the facts of the case are that a report was lodged on 24.3.2005 with the police by one lady aged 23 years that she along with her husband Munna are living in village Charatgarh and are working as labourers in the orchard of one Jai...
SachIn Sharma Vs. Union of India (Uoi) and ors.
Court: Himachal Pradesh
Decided on: Apr-11-2007
Reported in: [2007(115)FLR700],2007(2)ShimLC231
Deepak Gupta, J.1. By means of this writ petition, the petitioner has prayed that the orders of the respondents refusing to grant compassionate appointment to him be set aside and the respondents be directed to grant compassionate appointment to him.2. The facts shortly stated are that the petitioner's father was employed as Senior Auditor with the respondents. He died on 1.4.1999. Thereafter, the mother of the petitioner filed an application that the petitioner be appointed on compassionate grounds. On 10.6.1999, a communication was sent to the mother of the petitioner that the competent authority has acceded to her request and that the petitioner, namely, Shri Sachin Sharma would be appointed on compassionate ground on his attaining the age of 18 years. It is apparent that the petitioner was minor at that time.3. Thereafter the petitioner completed his studies in June, 2002 and his mother again made a request that her son be appointed. This matter remained under consideration and on ...
State of Himachal Pradesh Vs. Bal Krishan and anr.
Court: Himachal Pradesh
Decided on: Apr-11-2007
Reported in: 2007CriLJ3239,2007(2)ShimLC136
Sanjay Karol, J.1. This judgment is being dictated in open Court in the presence of the learned Counsel for the parties.2. On 12th November, 1996 FIR No. 137/96 was registered with the Police Station Gagret under Sections 435, 448 read with Section 34 of the Indian Penal Code.3. Briefly, the case of the prosecution as set out is that on 12th November, 1996 at about 8 p.m. at Village Gagret the accused in furtherance of their common intention entered the house in possession of. the complainant Kaushalya Devi and threw away her articles as also burnt books and clothes. This was done while she was away to Village Kaloha to attend a wedding ceremony and her daughter Renu was alone when accused persons entered her tenanted premises and threw away articles and burnt the books and clothes with a view to take forcible possession of the tenanted premises. The incident is stated to have taken place at 8 p.m. and the matter was reported at about 8.45 p.m. on the same day and the complainant's sta...
Sanjay Kumar Vs. State of H.P.
Court: Himachal Pradesh
Decided on: Apr-10-2007
Reported in: 2007(2)ShimLC43
Surjit Singh, J.1. This appeal is directed against the judgment of the Sessions Court whereby appellant has been convicted of offence of murder, under Section 302 IPC, and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 3,000 and in default of payment of fine to undergo rigorous imprisonment for a further period of six months.2. Appellant's grievance is that the evidence on record does not prove the charge of murder, but the trial Court has mis-appreciated and misconstrued the evidence. In the alternative his plea is that it is not a case of murder but a case of culpable homicide not amounting to murder, punishable under second part of Section 304 IPC.3. Appellant was charged with and tried for an offence under Section 302 IPC on the allegations that on 8.10.2001 at about 7.30 p.m., he stabbed deceased Kartar Chand in the abdomen, as a result of which he died on 10.10.2001. The prosecution version may be summarized thus. On 8.10.2001, PW-3 Bipin Kumar and h...
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