Himachal Pradesh Court April 2008 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Dhiren Walia Vs. State of H.P.
Court: Himachal Pradesh
Decided on: Apr-30-2008
Reported in: 2008CriLJ3117
Surjit Singh, J.1. This appeal by Dhiren Walia, hereinafter called accused, is directed against the judgment of Sessions Court, whereby he has been convicted of offence of murder, punishable under Section 302, IPC and illegal use of licensed fire arm for the commission of the offence of murder, punishable under Section 30 of the Arms Act, 1959, and sentenced to undergo imprisonment for life and to pay fine of Rs. 2000/-, in respect of offence, under Section 302, IPC and to undergo simple imprisonment for a period of two months and to pay fine of Rs. 1000/-, in respect of offence, under Section 30 of the Arms Act, 1959.2. Prosecution case, as per evidence on record, may be summed up thus. Deceased Padmesh Kaur, accompanied by accused Dhiren Walla, P.W. 16 Jai Dev Sharma, Nisha wife of P.W. 16 Jai Dev Sharma and children and a maid servant of P.W. 16 Jai Dev Sharma, came to Shimla from Delhi on 23rd May, 2003. On the first day, i.e. 23rd May, 2003, they stayed in a Forest Rest House at S...
Ashok Kumar Vs. State of H.P.
Court: Himachal Pradesh
Decided on: Apr-29-2008
Reported in: 2008(2)ShimLC140
Surjit Singh, J.1. Appellant has been convicted of an offence under Section 20(C) of the Narcotic Drugs and Psychotropic Substances Act, for allegedly being in possession of 3.100 kgs. of Charas and sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs. 1,00,000/-, in default of payment of fine to undergo imprisonment for a further period of four years.2. Case of the prosecution may be summed up thus. On 9th January, 2003, a bus, which left Kullu at 2.30 p.m. and was bound for Mandi, was got stopped for checking at Bajaura by PW-12 HC Om Prakash. He went inside the bus accompanied by two other Head Constables and found the appellant sitting on seat No. 35. The seat was part of a three-seater bench. There was no other person sitting on that bench. Also, no person was sitting either on the bench ahead of the bench having seat No. 35 or the seat behind that bench. The appellant was having rucksack type bag with him. On seeing the police, he got perplexed. That a...
State of H.P. Vs. Tara Chand and anr.
Court: Himachal Pradesh
Decided on: Apr-25-2008
Reported in: 2008(3)ShimLC1
Surinder Singh, J.1. The respondents were tried and acquitted by the learned trial Court of the offence of rape committed on the minor prosecutrix, aged about 13 years, punishable under Section 376 of the Indian Penal Code, which has been assailed by the State in this appeal.2. In short, the prosecution case, as emerges from the prosecution witnesses is that on 24.3.1991, the prosecutrix had gone to Raffo jungle alongwith Kanti Kumari (PW7) to collect the fuel-wood. While returning with the load of fuel- wood on their back, around about 3/4 p.m., they felt tired and sat on the side of the path to take rest. After resting for a while when the prosecutrix was again picking up the fuel-wood, the respondents suddenly appeared from behind the boulders. The respondent Tara Chand pushed her and caught hold of her hands. The prosecutrix started crying. She was thrown on the ground and Tara Chand aforesaid told Kanti Kumari (PW7) to leave the place, lest she would also meet the same fate. Kanti...
State of H.P. Vs. Pallu Alias Avtar Singh
Court: Himachal Pradesh
Decided on: Apr-24-2008
Reported in: 2008CriLJ3073
Surjit Singh, J.1. State is aggrieved by the judgment of the Sessions Court, whereby respondent Pallu alias Avtar Singh has been acquitted of the charge of rape, punishable under Section 376(2)(f) of the Indian Penal Code.2. Allegations on which the respondent was sent up for trial are as follows:Prosecutrix, examined as P.W. 4 during trial, was aged less than 12 years and studying in 4th class in February, 1993. On 8th February, 1993, when she was returning home, after attending the school, and reached a place called Thappal, around 4 p.m. respondent Pallu, then aged about 17 years, all of a sudden, appeared from the nearby bushes where he was hiding. He physically lifted the prosecutrix, carried her into the bushes and committed rape on her. Prosecutrix reached home around 5 p.m. Her pyjama was stained with blood. She was crying. She told her mother that a boy by the name of Pallu resident of Thehar had committed rape on her. Around 6 p.m. her father, who works as a labourer returned...
State of H.P. Vs. Bhupesh Kumar Alias Kaka Alias Tinku
Court: Himachal Pradesh
Decided on: Apr-23-2008
Reported in: 2008(3)ShimLC91
Surjit Singh, J.1. The case has a chequered history. Respondent Bhupesh Kumar was challaned, under Sections 302 and 307 Indian Penal Code, for allegedly murdering Poonam Sharma and making an attempt on the lives of two other persons named Vivek and Raj Kumar.2. It appears that when the case was filed in the Magisterial Court, a question was raised that the respondent was not capable of defending himself owing to un-soundness of mind. The Magistrate, without making inquiry into the question in accordance with the provision of Section 328 of the Code of Criminal Procedure, committed the case to the Sessions Court. The Sessions Court charged the accused-respondent with the aforesaid offences and examined the witnesses produced by the prosecution. When the respondent was sought to be examined under Section 313 of the Code of Criminal Procedure, he gave answers (to the questions put by the Court) which were irrelevant. The Sessions Court then made an observation that the respondent appeared...
State of H.P. Vs. Nirmala Devi and anr.
Court: Himachal Pradesh
Decided on: Apr-11-2008
Reported in: 2008(2)ShimLC146
Surjit Singh, J.1. State has appealed against the judgment of Sessions Court whereby respondents Nirmala Devi and Chain Singh, who were charged with and tried for offences under Sections 302 and 301, I.P.C., stand acquitted.2. The case of the prosecution, as per evidence led by it during the course of the trial is like this. Deceased Geeta Devi, aged about fifty years, was married to Chattar Singh. She could not bear any child. Her husband Chattar Singh went in for a second marriage. He married respondent Nirmala Devi. The couple had four children. Nirmala Devi and her husband used to reside at Ludhiana where Chattar Singh was employed. After marrying Nirmala Devi, Chattar Singh deserted Geeta Devi. She was left in the village. Initially she was allowed to cultivate his land, by her husband Chattar Singh, but, after some time, the land was given for cultivation to some other person. Geeta Devi, left with no means of sustaining herself, started doing odd jobs at the places of other pers...
Smt. Krishna Devi Vs. Dina Ram
Court: Himachal Pradesh
Decided on: Apr-11-2008
Reported in: 2008CriLJ3122,2008(2)ShimLC152
ORDERKuldip Singh, J.1. This is an application, under Section 5 of the Limitation Act read with Section 482 of the Code of Criminal Procedure (for short, the Code) for condonation of delay in filing an application seeking leave to file an appeal under Sub-section (4) of Section 378 of the Code.2. The applicant had filed complaint No. 144-1/2003, under Sections 494, 497 and 406, IPC in the Court of learned Sub-Divisional Judicial Magistrate, Chachyot at Gohar. The respondent was charged for commission of offences under Sections 494 and 406, IPC, but acquitted by the learned Sub-Divisional Judicial Magistrate on 12-9-2007. In the application, it has been stated that certified copy of the judgement was applied on 1-11-2007, it was prepared on 15-11-2007 and as per certified copy of the judgement placed on record, it was delivered on 15-11-2007. It has been submitted that delay in filing the application seeking leave to file an appeal is neither intentional nor wilful.3. The application ha...
Shanti Devi and anr. Vs. National Insurance Company
Court: Himachal Pradesh
Decided on: Apr-11-2008
Reported in: 2009ACJ306,2008(2)ShimLC125
Deepak Gupta, J.1. Both the aforesaid appeals are being disposed of by a common judgment as they arise out of the same accident and award. The admitted facts of the case are that deceased Anup Kumar, aged about 23 years died in a motor vehicle accident of truck No. HP-14-4275. The claimants, who are the parents of the deceased, filed a claim petition under Section 163-A of the Motor Vehicles Act (for short the Act). In this petition it was stated that the deceased, was working as a driver with M/s Friendly Coach Bus Service, Subathu, at a salary of Rs. 4500/- per month, i.e. Rs. 54,000/- per annum. According to the averments made in the petition, the petitioner left his home at village Borti at about 6.45 a.m. to go to Kasauli to get his name registered in the Employment Exchange. He boarded the Diggal-Solan bus and got down at Darwa. There he met Mohan Lal, driver of truck No. HP-14-4275. Both, Anup Kumar and Mohan Lal, were friends. Thereafter Anup Kumar travelled in the truck of Moh...
Sadhu Singh and ors. Vs. Surjit Singh
Court: Himachal Pradesh
Decided on: Apr-11-2008
Reported in: 2008(3)ShimLC477
Deepak Gupta, J.1. These two petitioners are being disposed of by a common order since identical questions of law are involved in these cases.2. Briefly stated the facts of the case are that the petitioners, hereinafter referred to as the plaintiffs, filed two suits, against the respondents, hereinafter referred to as the defendants, on a similar cause of action. After the defendants filed written statement, issues in both the suits were framed on 27.6.2005. After the issues were framed, one of the cases was adjourned for recording of the plaintiffs' evidence on 13.9.2005 and the other case was fixed for PWs on 9.9.2005. It appears that the witnesses of the plaintiffs were not present and thereafter the defendants filed applications in both the cases that some of the issues be treated as preliminary issues. Both the applications were disposed of by a similar order and the learned trial Court held that issues 2 to 5 should be treated as preliminary issues. These orders are under challen...
Sh. Kewal Vs. Tilak Raj and ors.
Court: Himachal Pradesh
Decided on: Apr-11-2008
Reported in: 2009ACJ929,2008(2)ShimLC113
Sanjay Karol, J.1. In the present appeal, award dated 17th June, 2004 passed by Motor Accident claims Tribunal-II, Kangra at Dharamshala in M.A.C. Petition No. 71-K/2000 titled as Tilak Raj and Ors. v. Kawal and Anr. has been assailed.2. Smt. Phulan Devi died on 12th March, 2003 as a result of an accident of vehicle No HP-04-0419 which took place on 11th March, 2000 near Kangra, H.P. Her son and five daughters filed a claim petition under Section 166 of the Motor Vehicles Act (hereinafter referred to as the 'Act') claiming a sum of Rs. 4,50,000/- as compensation. On the pleadings of the parties the Court framed the following issues:1. Whether the deceased had died due to rash and negligent driving of the vehicle i.e. three wheeler by respondent No. 1? ...OPP.2. If issue No. 1 is proved in affirmative, to what amount of compensation the petitioners are entitled to and from whom? ...OPP3. Whether the petition is not maintainable? ...OPR.4. Relief.3. Based on the evidence, the Tribunal de...
- ‹ Prev
- 2
- 3
- Next ›
- Last »