Court : Himachal Pradesh
Reported in : 2000ACJ666
L.S. Panta, J.1. Petitioners, namely, Abhilasha (widow), Sushil Kumar and Kuldip Kumar (minor sons) of deceased Hira Singh, have filed this writ petition claiming Rs. 10,00,000 as compensation with interest at the rate of 18 per cent on account of death of said Hira Singh, who died in the forest shed alleged to have been constructed by the respondent Corporation.2. The relevant facts giving rise to the present case are as follows:Hira Singh was a registered labour supply mate of the respondent Corporation. He had been undertaking works on behalf of the respondent Corporation for felling, conversion of timber, fuel wood, manual carriage, ropeway carriage besides extraction of resin. He submitted his tender for extraction of resin for 1997-98 season. His tender was accepted by the respondent Corporation and an agreement was entered into between the parties. On 27.7.1997, Hira Singh went to the Forest Depot in Forest Division, Nerwa, for weighing the resin. When he was sitting in the fore...
Tag this Judgment!Court : Himachal Pradesh
Reported in : 1998ACJ632
Lokeshwar Singh Panta, J.1. Petitioners, namely, Dev Kala (widow), Usha, Dodi, Kolti (minor daughters), Uttami (mother), Duni Chand and Jeet Ram, brothers of deceased Bhinder Singh have filed this writ petition claiming a sum of Rs. 2,00,000/- as compensation on account of the death of said Bhinder Singh in police custody by merciless beating by the police.2. The relevant facts giving rise to the present writ petition are as follows:3. On 2.6.1993 there was a robbery in village Mashara Thawa Kothi Naggar, District Kullu and Manali. Police registered case F.I.R. No. 110 of 1993 dated 4.6.1993 under Sections 457/380 Indian Penal Code. Chhaju Ram, respondent No. 4, was Station House Officer and A.S.I. Sohan Lai, respondent No. 5, was the Additional Station House Officer attached to Manali Police Station. Both these police officials had summoned Bhinder Singh amongst others in connection with the investigation of the said F.I.R. He was arrested on 5.6.1993. The petitioners have alleged tha...
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1950HP35
1. Three accused persons. Bhagi, Bholar and Moti were tried before the Sessions Judge, Chamba, the first two for offences under Sections 302 and 457, Penal Code and the third for offences under Sections 460 and 411, Penal Code. Bhagi and Bholar were found guilty under Section 460, Penal Code and sentenced to transportation for life. Moti was convicted under Section 411, Penal Code and sentenced to two years' rigorous imprisonment. 2. The date of the judgment of the trial Judge is 11-6-2004 S. Moti will have served out his sentence by now. He is not an appellant in this Court. Bhagi and Bholar have appealed separately against their conviction and sentence. But as the facts are the same and their conviction and sentence are under the same section of the Penal Code and the same point of law is involved, the judgment will govern both the appeals. 3. The prosecution story is that one Dehnju of the village Taretha, some ten miles from Chamba, was found dead in his house on 3rd Har, 2003. In ...
Tag this Judgment!Court : Himachal Pradesh
Reported in : 1950CriLJ160
Bennerji, J.C.1. Under Section 24 of the Koti State Courts Act. corresponding to Section 417, Criminal P.C., the Koti caber directed the Public Prosecutor to present an appeal to the Court of the Chief Judicial Officer at Kasumpti against an order of the Magistrate, First Class, Sanjauli (Koti State) dated 21st December 1946, acquitting the respondent, Earn chand, of an offence Under Section 411, Penal Code, Ad appeal was accordingly presented and was pending in the Court of The Chief Judicial Officer at Kasumpti.2. By virtue of the Notification No. J-79-I5/48, lated 14th January 1919, this appeal has been transferred to the Judicial Committee for disposal.3. On 8th- October 1945, the manager of a Hotel in Simla reported to the police that several iheffca had taken place in the hotel during the j light of 7th October 1945. On 9th October 1945, he respondent was arrested by the Simla police on suspicion. On 11th October, the respondent vas taken to Sanjauli in Eoti State for discovery o...
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1950HP18
Bannerji, J.1. The appellant, Gopal, was tried before the Court of Sessions Judge, Mahasu, on a charge of shooting at a man, named Kharia, of village Kudral (Pargana Mafciana) in Theog, under Section 807, Penal Code, and of participating in the shooting and killing of a man, named Karam Das, of the same village, under Section 302, read with Section 34, Penal Code.2. Paras Ram, alias Palta, was also tried with his brother, Gopal, the appellant, on a charge of shooting and killing Karam Dag, under Section 302, Penal Code and of participating in shooting at Kharia, on a charge under Section 307, read with Section 34, Penal Code.3. The assessors found the accused Paras Bam, alias, Palta, innocent of both the charges and the learned Sessions Judge, agreeing with the opinion of the assessors, observed that 'the guilt of Paras Ram, alias, Palta, has not been brought home to him'. He accordingly acquitted him.4. Agreeing with the opinion of the assessors, the learned Sessions Judge found the a...
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1950HP40
ORDERBannerji, J. 1. A preliminary point has been taken by the learned counsel for the opposite party relating to the competency of this application. 2. Under Section 435, Criminal P. C., this Court has power to call for the records of all inferior criminal Courts situate within the local limits of its jurisdiction and to revise the orders of such Courts. Section 6 Criminal P. C., provides : 'Besides the High Courts and the Courts constituted under any law other than this Code for the time being in force, there shall be five classes of Criminal Courts in British India, namely : -- I.--Courts of Suasion, II.--Presidency Magistrates, III.--Magistrates of the First Class, IV.--Magistrates of the Second Class, V.--Magistrates of the Third Class,'3. The question is whether a Panchayat is a Court constituted under any law within the meaning of Section 6 4. The Punjab Village Panchayat Act of 1939, it is admitted by the parties, has been in force in Jubbal State. The Act of 1939 repeals the P...
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1950HP44
ORDERBannerji, J. 1. This is an application in revision on behalf of the complainant in a criminal case under Sections 302 and 307, read with Section 34, Penal Code. The prayer in the application is that the order, dated 1st July 1949, acquitting Paras Ram alias Palta, of village Kudral, passed by Shri J.N. Bhagat, Sessions Judge of Mahasu, be set aside and be be dealt with according to law.2. The application arises out of an occurrence, which took place in village Kudral (Pargana Matiana) in Theog, at 10 A. M. on 15th, November 1948. According to the prosecution story, Kharia, along with five others, namely, (1) Lachhi (P. W. 5), wife of Dhania (P. W. 2), who is a brother of Karam Das, deceased, (2) Mathu, son of Karam Das, deceased, (3) Dassi, wife of Ratia (P. W. 11), who is a brother of Karam Das, deceased, (4) Kharia's mother, Dhungri and (5) his wife, Mathi, had gone to his Ghasni to cut grass and bring it home. In the adjoining Ghasni, Jit Ram. (D. W. 1), son of appellant Gopal ...
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1951HP13
ORDERBannerji, J.1. This is an application for bail on behalf of Paras Ram, accused-petitioner, whose retrial was ordered pn 8th April 1950. He had made an application for bail to the Sessions Judge, Mahasu, who, in rejecting the application, observed as follows:'It Is true that the Court has ample powers to pass orders and grant bail, but I am reluctant to do so where the question entirely depends how far the eyewitnesses in the case should be relied upon. Had there been no eye-witnesses and the matter had been circumstantial altogether, the Court would have been in a position to size up the circumstantial evidence to an extent for purposes of bail. But as it is the testimony of eye-witnesses which has to be weighed, the Court cannot do so beforehand without prejudicing the issue. As the date of hearing in the case is being fixed from5th June onwards, the accused has not to remain in the look up. I am not satisfied that his remaining in the look up for this short period will prejudice...
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1950HP42
Bannerji, J. 1 This is an application by the complainant Maghu directed against an order, dated 24th August 1949, of the District Magistrate, Mahasu, transferring the case against the opposite party, from the Court of Shri Hira Chand, Magistrate Third Class, to the Court of Shri Negi Roop Singh, Magistrate Second Class, for inquiry and trial. 2. The facts, in brief, are: the complainant, Maghu, made a complaint against the accused persons, Kanwar Rattan Singh and others, in the Court of Shri Gopi Chand, Magistrate Third Class, alleging that the accused persons had unlawfully trespassed on his land and committed mischief. The learned Magistrate took cognizance but he was succeeded by another Magistrate Third Class, Shri Hira Chand, who proceeded with the trial, and recorded the evidence of five witnesses. While he was recording the evidence of the Patwari, the accused persons moved the District Magistrate, Mahasu, for transferring the case from the Court of Shri Gopi Chand to some other...
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1951HP1
Bannerjee, J.1. The appellant, Nathu, has been convicted of murder by the learned Sessions Judge and baa been sentenced to death. He has also been found guilty under Section 450, Penal Code, and sentenced to four years' rigorous imprisonment. He has, further, been found guilty under Section 394, Penal Code, and sentenced to the sama terms of rigorous imprisonment. The sentences, under Sections 450 and 394, Penal Code, have been directed to run concurrently.2. The appellant No. 2, Padam Pal, has been convicted under Section 450, Penal Oode, and sentenced to four years rigorous imprisonment. He bas also been found guilty under Section 397, Penal Code, and has been sentenced to seven years rigorous imprisonment. The sentences are directed to run concurrently.3. The appellant No. 3, Ganga Ram, has been found guilty under Section 450, Penal Code, and has been sentenced to two years' rigorous imprisonment. He has also been convicted under Section 394, Penal Code, and has been sentenced to th...
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