Jammu and Kashmir Court April 2011 Judgments
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State of Himachal Pradesh Vs. Dharam Chand and ors.
Court: Jammu and Kashmir
Decided on: Apr-29-2011
1. Respondents faced trial for the offences punishable under sections 307,324 read with section 34 of IPC, and were acquitted, by the learned trial court, on the ground that the injury in question could not be connected having been caused by the respondents. The State felt aggrieved, hence the present appeal. 2. Precisely, the case of the prosecution is that on 11.6.1997 at about 9.15 PM, Rachna Devi, injured, visited Police station and made a complaint that around 6 PM she had gone to the fields to cut the grass and noticed that the cattle of the respondents were destroying the crop in her fields. She goaded them out of her land and brought in the road. On this, the respondents Dharam Chand and Kesri Devi felt offended and gave beatings with Danda and fisticuffed her. They were later joined by respondents Piar Chand and Shakuntala Devi. They pushed her, with the result she fell down. Thereafter, Dharam Chand, respondent, gave a blow of stone Ex P-1 on her head, which caused a bleeding...
Gulab Singh Vs. State of Himachal Pradesh
Court: Jammu and Kashmir
Decided on: Apr-25-2011
1. This application has been preferred under Section 320 read with Section 482 of the Code of Criminal Procedure by complainant Siya Ram (PW1) and Madan Singh, injured PW2 in the case.. 2. The petitioners were convicted by both the Courts below under Sections 452, 324 read with Section 34 of the Indian Penal Code and were ordered to undergo simple imprisonment for six months and a fine of Rs.500/- under Section 452/34, IPC and six months and fined Rs.250/- under Section 342/34, IPC and in default of payment of fine, the order of the trial Court was retained. 3. The story as set out by the prosecution against the petitioners are that on 9.8.2001 Siya Ram son of Shri Madan Singh, resident of Village Chamiara, Tehsil and Police Station Shillai, District Sirmour, H. P. lodged FIR No. 46 of 2001 under Sections 452, 324/34, IPC at Police Station, Shillai on the allegations that they were resident of Chamiara and engaged in the occupation of agriculture. 4. There was some dispute with respect...
Naseer Ahmad. Vs. State of Jammu and Kashmir, and ors.
Court: Jammu and Kashmir
Decided on: Apr-01-2011
1. This appeal is directed against a judgment and order dated 3rd May, 2008 passed by learned Single Judge in SWP No. 1744/2003 titled Nasser Ahmad Khan vs. State & ors., dismissing the writ petition filed by the appellant herein. The brief facts of the case are as under:- Appellant-Naseer Ahmad was appointed as Constable in the State Police Department on compassionate grounds vide Order No.1818 of 2000 dated 19.6.2000 and was posted in District Kupwara. 2. In the year 2001, he was deputed to undergo training to PTS, Manigam vide PHQ Order No.1041 dated 19.3.2001. While undergoing training, he unauthorizedly absented himself from the Training Centre with effect from 22.5.2001. He was therefore, reverted back to District Kupwara by the Principal PTS, Manigam vide Order dated 3.7.2001. The Superintendent of Police, Kupwara, on consideration of the matter found that the appellant was on probation and is not likely to prove a good police official. He therefore, removed the appellant from s...
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