Jammu and Kashmir Court August 2009 Judgments
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Mumtaz Ahmad Vs. State of J and K
Court: Jammu and Kashmir
Decided on: Aug-24-2009
J.P. Singh, J.1. The appellant, Mumtaz Ahmad, has filed this appeal questioning Special Judge, Udhampur's judgment of December 1, 2008, convicting and sentencing him to imprisonment for twenty years and fine of two lac rupees, under Section 8/20 of the Narcotic Drugs and Psychotropic Substances Act, 1985. FACTS:2. Head Constable Ghulam Mohi-Ud-Din, along with Constables Naresh Kumar, Jagdish Singh and Mohd. Altaf of Police Station Rehambal, was on duty at Garnai Bye-pass Check Post, Naka, on January 30, 2007, when at about 4.00 p.m, he found, 95 maize cob leaves, in a Plastic Bag, which, Mumtaz Ahmad, of District Anantnag, Kashmir, residing at Thanda Paddar Zallar, Udhampur, was carrying over his shoulder.3. A case FIR No. 14/07 was, accordingly, registered at Police Station, Rehambal of District Udhampur under Section 8/20 of the Narcotic Drugs and Psychotropic Substances Act, 1985, hereinafter to be referred as, the 'Act', for short, on the report of Head Constable Ghulam Mohi-Ud-Din...
Harjeet Singh Vs. State
Court: Jammu and Kashmir
Decided on: Aug-24-2009
J.P. Singh, J.1. Sentenced to Imprisonment for life and fine of Rs. 5000/-, under Section 302 RPC, besides to Imprisonment for five years and fine of Rs. 5000/- under Section 452 RPC, And to, two years imprisonment and fine of Rs. 2000/- under Section 4/25 of the Arms Act, for committing the murder of Kuldeep Kumar Badyal, Principal Government Boys Higher Secondary School, Gandhi Nagar, Jammu, the appellant, Harjeet Singh, the appellant, has filed this appeal seeking setting aside of his conviction and sentence, ordered vide judgment of March 18, 2008 and order of March 19, 2008 respectively, of the learned Second Additional Sessions Judge, Jammu, herein after to be referred as the 'trial court', for short.2. Facts necessary for disposal of the appellant's Criminal Appeal and Confirmation Reference No. 4/2008 of the trial court, may be stated, in brief, thus:FACTS: PW1, Rajinder Singh, the Vice Principal of the Government Boys Higher Secondary School, Gandhi Nagar, Jammu, delivered his...
Dina and ors. Vs. Tirlok Singh and ors.
Court: Jammu and Kashmir
Decided on: Aug-19-2009
J.P. Singh, J.1. The dispute between the parties, giving rise to this Letters Patent Appeal, revolves around the Assistant Commissioner Udhampur's order dated 19.07.1990 on Mutation No. 1753, whereby, land measuring 12 kanals comprised in Khasra No. 651/min situated at village Mand Tehsil Udhampur was declared as State Land, for violation of the provisions of Section 13 of the Jammu and Kashmir Agrarian Reforms Act, 1976, hereinafter to be referred to as 'the Act' for short.2. The Jammu and Kashmir Special Tribunal Jammu, hearing respondent Tirlok Singh's Revision Petition, upset the impugned Assisstant Commissioner's Original and the Director Land Record's appellate order, holding that the provisions of the Act being in-applicable to the land in question, recorded as Gair Mumkin Parat, the orders of the Assistant Commissioner and the Director Land Records with powers of the Commissioner under the Act were un-sustainable, being without jurisdiction.3. Upholding the Tribunal's order, a ...
Lochan Ram Vs. State
Court: Jammu and Kashmir
Decided on: Aug-19-2009
J.P. Singh, J.1. Sessions Judge, Rajouri has sentenced the appellant to imprisonment for life and fine of Rs. 5000/-, convicting him under Section 302 IPC for committing the murder of Neelam Kumari alias Nima, his daughter-in-law after injuring her with an axe on February 10, 2001 at Village Lamberi, Tehsil Nowshera of District Rajouri in the State of Jammu and Kashmir.2. The appellant has filed this appeal praying for his acquittal of the charge besides seeking setting aside of the judgment dated January 30, 2009 of learned Sessions Judge, Rajouri.FACTS:3. Facts giving rise to this Appeal and Confirmation Reference No. 02/2009 made by learned Sessions Judge, Rajouri may be stated thus:Jai Kumar, PW-1, was informed by the appellant on 10.02.2001 at about 3.00 p.m of having killed his daughter-in- law by hitting her with an axe, called 'Tabar'. He reported the matter to the concerned Police Post simultaneously informing, by telephone, Police Station, Nowshera too, about the occurrence. ...
Thakur Ashwani Singh Vs. Farooq Ahmed Zarger and ors.
Court: Jammu and Kashmir
Decided on: Aug-17-2009
J.P. Singh, J.1. Inherent jurisdiction of the Court has been invoked, by the petitioner, for setting aside the Chief Judicial Magistrate, Jammu's order of November 30, 2005 dismissing his complaint, seeking initiation of process against the respondents, for defaming him, in showing his complicity in a sex racket pursuant to his and one Ghulam Qadir Bhat's arrest on October 14, 2004.2. Taking note of the registration of an FIR and the production of Final Police Report against the petitioner and others, on the basis of the material produced before him, by the petitioner, the learned Chief Judicial Magistrate refused to issue process against the respondents-Police Officers, finding that the Eighth Exception to Section 499 RPC was attracted, as the respondents, connected with the investigation of the police case, were found to have acted in good faith, on the basis of the result of their investigation, in revealing the petitioner's involvement in the sex racket.3. Referring to Smt. Nagauua...
Hem Raj Alias Hemu Vs. State of J and K
Court: Jammu and Kashmir
Decided on: Aug-12-2009
Mansoor Ahmad Mir, J.1. This criminal appeal is directed against the judgment and order dated 12.6.2002 and 13.6.2002 passed by the learned Sessions Judge, Udhampur in File No. 35/Session, titled, State v. Hem Raj alias Hemu and Ors. (for short, impugned orders), whereby and where under the appellant came to be convicted and sentenced for the commission of offence punishable under Section 376 Ranbir Penal Code (for short, RPC).2. Brief facts of the case One Mst. Pushpa Devi-prosecutrix lodged a report on 8.3.1999 at about 15:30 (3:30 pm) in Police Station Udhampur with the allegation that on 5.3.1999 at about 8:30 pm she was in her house with her son and two daughters, three persons, namely, Hem Raj-appellant herein, Mukhtyar Singh and third person, name not known, asked her whether she was having eggs, she replied in negative. They asked her where her husband was and she replied that he was out of station. Thereafter, they asked for a chicken, she replied in negative. At that time she...
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