Himachal Pradesh Court May 2011 Judgments
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State of Himachal Pradesh Vs. Inderjeet Singh and ors.
Court: Himachal Pradesh
Decided on: May-31-2011
1. State has appealed against the judgment dated 10th March, 2006 of learned Special Judge, Kullu, whereby respondents Inderjeet Singh and others, who were charged with offences, under Sections 420, 467, 468, 471 & 120-B of the Indian Penal Code, and Section 13(2) of the Prevention of Corruption Act, have been acquitted. 2. Respondent L.V. Upadhaya was posted as Assistant Engineer at Koksar in Lauhal & Spiti District, in the year 1995. Respondent Inderjeet Singh was working as Junior Engineer under him, during that year. Other two respondents, namely Om Parkash and Balbir Singh were also working under him, as Supervisors. Respondent Om Parkash was a regular Supervisor, while respondent Balbir Singh was daily-waged Supervisor. 3. In the months of August and September, there were unprecedented rains in Lauhal valley of Lauhal and Spiti District. Koksar is in Lauhal valley. As a result of those rains, a link road, known as Mooling-Burdul-Sipting, which is about five kilometers in ...
Shri Devinder Kumar Sharma Vs. the Managing Director Hp State Civil Su ...
Court: Himachal Pradesh
Decided on: May-31-2011
1. The petitioner filed an Original Application before the Erstwhile Tribunal. The Tribunal was abolished as such the application was transferred to this Court in terms of the Himachal Pradesh Administrative Tribunal (Transfer of Decided and Pending Cases and Applications) Act, 2008, and registered as CWP (T) No. 9680/2008. 2. The petitioner was a Sale Depot Incharge in Retail Shop Kashapat Tehsil Rampur, District Shimla, H.P. During the period 1.4.1988 to 26.6.1988 while posted as such, he is alleged to have misappropriated the essential commodities to the tune of `1,12,506.07 paise which fact came into the notice during the audit/physical verification of the retail shop. The petitioner was suspended, however, he is stated to have deposited/ reimbursed the amount of ` 47,128.25 paise to the Corporation. The respondent Corporation also got registered the FIR against the petitioner on 3.11.1988 and simultaneously initiated disciplinary proceedings against him. In addition, the responden...
State of Himachal Pradesh Vs. Ashwani Kumar
Court: Himachal Pradesh
Decided on: May-31-2011
1. The present criminal appeal has come up for consideration after the leave to appeal has been granted under Section 378 (3) of the Code of Criminal Procedure, in reference to judgment dated 30.6.2001, passed by learned Additional Sessions Judge (I), Kangra at Dharamshala, HP, thereby acquitting the accused-respondent for the offences under Sections 363, 366, 376 Indian Penal Code. 2. The prosecution case, in brief, is that the PW-4, victimprosecutrix (name not given), was acquainted with the accusedrespondent, Ashwani Kumar. On the fateful day of 26.8.1999, the accused met the victim-prosecutrix on the road, at some distance from her house. On his allurement to marry with her, she accompanied the accused-respondent and went to Jammu, where she stayed with the accused in the house of sister of accused for about 15 days. Thereafter, the victim-prosecutrix was brought by the accused to his house at Basantpur, where the prosecutrix lived with him for three months. On the complaint of the...
State of Himachal Pradesh Vs. Suraj Parkash Kapoor and ors.
Court: Himachal Pradesh
Decided on: May-31-2011
1. State has filed this appeal against the judgment dated 16.02.2005, rendered by the learned Special Judge (Forests), Shimla in Corruption Case No. 42-S/7 of 2003/94, whereby respondents Suraj Parkash Kapoor, J.S. Parihar, Mohan Singh, Partap Singh and Parkash Chand, who were charged with and tried for offences, under Sections 218, 420, 465, 467, 468, 471 and 120-B of the Indian Penal Code, Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988 and Sections 4, 5 & 6 of the H.P. Prevention of Specific Corrupt Practices Act, 1983, have been acquitted. 2. Case of the prosecution, in a nut-shell, is that respondent J.S. Parihar, while working as Executive Engineer, Suraj Parkash as Junior Engineer and Mohan Singh, Head Draftsman, allotted the work for construction of 6.1/9.1 meters wide approach road to dumping area from Surge Shaft (subhead construction of retaining wall RD-92 to RD-100) for `97631/- and final payment was released for `95750/-. PW-9 Rama N...
State of Himachal Pradesh Vs. Hem Raj and ors.
Court: Himachal Pradesh
Decided on: May-31-2011
1. The present appeal has come up for consideration after leave to appeal has been granted under Section 378 (3) Cr. P.C in reference to the impugned judgment dated 25.8.2001, passed by the learned Addl. Sessions Judge, Una, H.P, in Sessions Trial No. 32 of 2000, acquitting the accusedrespondents for the offences under Sections 498-A and 306 read with Section 34 IPC, in reference to Case FIR No. 21/98. 2. The prosecution case is that Poonam Rani, daughter of Sukh Pal was married to accused Hem Raj on 25.4.97 as per Hindu rites, had however committed suicide on 7.2.98 at the house of her in-laws at village Saloh Beri, Tehsil Amb, Distt. Una, by consuming poisonous tablets of aluminum phosphide and as per the complaint lodged by Sukh Pal, the father of the victim-deceased, accused-respondents had been maltreating and beating the victim-deceased for bringing inadequate dowry and for this reason victim-deceased was being ignored by her husband. After completion of investigation, accused we...
Bali Ram Vs. State of Himachal Pradesh
Court: Himachal Pradesh
Decided on: May-31-2011
1. The convict has come in appeal against judgment dated 11.5.2010/5.6.2010 in Sessions Trial No. 30 of 2009 whereby learned Special Judge, Chamba has sentenced the appellant to undergo rigorous imprisonment for five years and to pay a fine of ` 50,000/- and in default of payment of fine to further undergo imprisonment for one year under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘Act’). 2. The prosecution case, in brief, is that on 5.3.2009 police party consisting of H.C. Kartar Singh, H.C. Roop Singh, C.Mohammad Aslam and C. Mazid Mohammad were patrolling in private vehicle and reached Bathri Bazar, they found one person in rain shelter at Bus stop carrying cloth bag on his right shoulder. On seeing the police party, he started proceeding towards the path adjacent to rain shelter. He was over-powered by the police party with the help of Naresh Gupta and Ashwani Kumar. He disclosed his name Bali Ram. 3. On suspicion, he was informed i...
State of Himachal Pradesh Vs. Mohinder Singh and ors.
Court: Himachal Pradesh
Decided on: May-31-2011
1. The present criminal appeal for enhancement of sentence (awarded under Sections 420, 467, 468, 471 read with Section 120-B of Indian Penal Code) has been preferred, under Section 377 of the Code of Criminal Procedure, against the judgment dated 17.9.2001, passed in Criminal case No.117/2 of 2000, by learned Chief Judicial Magistrate, Simaur at Nahan, HP. 2. The prosecution case, in brief, is that on 1.12.1999, M/s Saboo Cylinders Private Ltd., Kala-Amb requisitioned Truck No. HR-37-6270, from M/s Kaka Transport Company, Ambala for transportation of scrap to Ludhiana. It was detected that chassis number and engine number of the said Truck were not found tallied with the chassis and engine number recorded in the registration certificate. The matter was reported to Police Post, Kala Amb and on the basis of which, FIR was lodged. The police investigated the case and after completing the formalities, the challan was presented in the Court. 3. During trial, accused-respondents confessed t...
United India Insurance Co. Ltd. Vs. Nisha Rani and ors.
Court: Himachal Pradesh
Decided on: May-30-2011
1. Both these appeals are being disposed of by a common judgment as they arise out of the same accident. 2. The undisputed facts necessary for the decision of this appeal are that the petition was preferred for compensation for the death of Amit Kumar Sharma on 18.12.2002. The claim petition avers that the deceased was travelling in a taxi bearing No HP 01-0907 from Palampur to Ludhiana to purchase ready made garments for his business. When he reached the T-inter section at Bhattiyan near Ludhiana, truck bearing No. PB 13E-5777 owned and possessed by Sh. Rajinder Singh-respondent No.2 before the Tribunal and driven by respondent No.1-Harlabh Singh dashed into the taxi as a result Amit Kumar Sharma suffered grievous injuries. He was rushed to hospital where he remained in comma, was brought to Palampur on 20.12.2002 where he died. 3. The petition was contested mainly by respondent No.3- United India Insurance Company before the learned Tribunal on the ground that the driver of the truck...
State of Himachal Pradesh Vs. Prem Chand and ors.
Court: Himachal Pradesh
Decided on: May-30-2011
1. State has appealed against the judgment, dated 1.1.2005, of learned Special Judge (Forests), Shimla, whereby respondents Prem Chand and others, have been acquitted of offences, under Section 13(2) of the Prevention of Corruption Act, 1988, Sections 4, 5 and 6 of Himachal Pradesh Prevention of Specific Corrupt Practices Act, 1983 and Sections 218, 420, 467, 468, 471 and 120-B IPC, with which they were charged. 2. Allegations, which led to the prosecution of the respondents, may be noticed. Respondents J.S. Parihar, Prem Chand, Mohan Singh and deceased Manmohan Sharma, were the employees of H.P. State Electricity Board. They went on deputation to Nathpa Jhakri Power Corporation. The aforesaid Corporation undertook the work of setting up a Hydro Power Project at Nathpa Jhakri. For the execution of the work of the project, a number of contractors were employed for doing civil work. One of the works pertained to providing additional water supply scheme from Ghasog to Jhakri and Sub Head ...
Gopal Singh Vs. Smt. Trishala Devi and ors.
Court: Himachal Pradesh
Decided on: May-30-2011
1. Present Regular First Appeal has been directed by the appellant-defendant, having felt aggrieved by the judgment and decree passed by the learned trial Court in Civil Suit No.6 of 2003, decided on 20th November, 2008 whereby the suit for recovery filed by the respondents, hereinafter to be referred as ‘the plaintiffs’, was decreed for a sum of `3,30,000/- as damages for causing death of Naranjan Singh, husband of respondent No.1 Trishla Devi, by fire-shot by the appellant, hereinafter to be called as ‘the defendant’. 2. In short, the brief facts giving rise to the present appeal can be stated thus. On 5th August, 2001, at about 6.40 pm, Naranjan Singh deceased a class IV employee in the Ayurvedic Department, was working in the fields of his brother Rakesh Kumar alongwith other family members. The defendant came to the spot alongwith his servant Ramu and threatened the deceased with dire consequences, in case he alongwith his family members would not desist fr...
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