Court : Himachal Pradesh
Reported in : 1995CriLJ810
Bhawani Singh, J. 1. We propose to decide both these criminal appeals (Cr. Appeal No. 21 of 1992 and Cr! Appeal No. 22 of 1992) by this judgment since they arise out of the same judgment of conviction by Additional Sessions Judge, Sirmaur, in Sessions trial No. 111/2 of 90/ 22-N/7 of 90, dated 21-3-1992, holding the accused guilty of offences under Sections 302/506/ 34 and 120-B of the Indian Penal Code and sentencing them to undergo rigorous imprisonment for life and to pay a fine of Rs. 3000/- in each case and in default of payment of fine, to undergo simple imprisonment for a period of one year, They have also been sentenced for two years under Section 120-B and six months under Sections 506/34 in each case, ordering the sentence of imprisonment to run concurrently.2. We may now deal with the facts of the case briefly. The case against the accused is that they hatched a criminal conspiracy in order to eliminate deceased Tara Chand, S/o Balak Ram (P.W. 7), R/o village Nanu Majra, Teh...
Tag this Judgment!Court : Himachal Pradesh
Reported in : 1990ACJ785
Bhawani Singh, J. 1. These appeals with Cross-objections [FAO.(MVA) No. 80 of 1981, New India Assurance Co. Ltd. v. Usha Rani with Cross-objections No. 3 of 1982 and FAO. (MVA) No. 90 of 1981, Pishori Lal v. Usha Rani with Cross-objections No. 4 of 1982] arise out of the same accident and common award, therefore, they are being taken up for decision together.2. The facts, in brief, are that Ram Karan, aged 24%, of village Naina Tikkar died in a truck accident on 2.8.1977 at about 11.30 p.m. on Rajgarh-Solan Road. The deceased was in truck No. HRE 2697 while the same was loaded with goods and vegetables belonging to the deceased and a few others. The same were to be carried from the Rajgarh area of Sirmaur District to Delhi. The truck met with an accident resulting in the death of the deceased and one other person although a few others sustained injuries. A claim petition for Rs. 1,50,000/- was filed before the Motor Accidents Claims Tribunal, Solan, by the claimants and it was alleged ...
Tag this Judgment!Court : Himachal Pradesh
Reported in : 1995CriLJ3460
Lokeshwar Singh Panta, J.1. Subhash Chand, appellant was tried in the Court of Session Judge; Una District for offence under Section 302 read with Section 201 of the Indian Penal Code for causing the death of his wife Kamlesh Kumari on or about 15-9-1991 in village Charatgarh. The learned Sessions Judge convicted the appellant under Sections 302 and 201 of the Indian Penal Code and sentenced him to undergo imprisonment for life and to pay a fine of Rs. 5000/- and in default thereof to undergo rigorous imprisonment for a period of 6 months under Section 302, I.P.C. However, no sentence was imposed under Section 201 of the Indian Penal Code. Now the appellant has come up in appeal before this Court.2. We may briefly state the prosecution case. Kamlesh Kumari daughter of Jagir Singh (PW 12) was married to the appellant about 5 years prior to her death according to the Hindu rites. The appellant was working in Saudi Arabia. He used to visit his village after about 1 or 1/2 years span. He w...
Tag this Judgment!Court : Himachal Pradesh
Reported in : II(2002)DMC438
Arun Kumar Goel, J.1. Applicant has filed a petition under QtUer 33 of the C.P.C. for permitting her to sue as an indigent person. Relief claimed in the petition is for the grant of maintenance under the provisions of Hindu Adoptions and Maintenance Act, 1956. Along with this petition an application for grant of interim maintenance during the pendency of these proceedings, as well as the suit in the event of permission being allowed, has also been filed.2. According to the petitioner marriage between the parties was solemnised in the year 1999. Averments made by her are that she was maltreated, harassed and cruelty was perpetrated at her. She also has made allegations of dowry being demanded from her. On this ground FIR No. 88 was lodged at Police Station, Dhali in April, 2001.3. Thus it was under compelling circumstances which is the creation of respondent and his family members, that she was forced to leave her matrimonial home on 9.3.2001. In this background, it is further alleged t...
Tag this Judgment!Court : Himachal Pradesh
Kurian Joseph, C.J.1. The question that arises for consideration in this case is whether the Telegraph Authority is bound to pay the land value by way of compensation while exercising its power to lay a telegraph line or post in any property. Section 10 of the Indian Telegraph Act, 1885 provides for the power to place and maintain telegraph lines and posts. It reads as follows:10. Power for telegraph authority to place and maintain telegraph lines and posts.- The telegraph authority may, from time to time, plce and maintain a telegraph line under, over, along or across, and posts in or upon, any immoveable property;Provided that-(a) the telegraph authority shall not exercise the powers conferred by this section except for the purposes of a telegraph established or maintained by the Central Government, or to be so established or maintained;(b) the Central Government shall not acquire any right other than that of user only in the property under, over, along, across, in or upon which the ...
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR2010HP39
ORDERSanjay Karol, J.1. In terms of the present application, the appellant-wife is seeking permission to withdraw her consent recorded on 20-4-2009 with a further prayer that the matter be heard on merits.2. The application is opposed by the respondent-husband.3. The marriage between the parties was solemnized as per Hindu customary rites on 8-12-1980. The parties could not pull along. On 17-1-2001 respondent-husband filed a petition for dissolution of marriage by a decree of divorce under Section 13 (1)(ia) & (ib) of Hindu Marriage Act, 1955 (hereinafter referred to as the Act). The petition was opposed by the wife. In terms of judgment and decree dated 16-2-2004, the District Judge allowed the petition and dissolved the marriage on the ground of cruelty.4. The same was assailed by the wife by filing the instant appeal. The appeal was admitted on 28-4-2004 and came up for hearing on 24-2-2009 when learned Counsel for the parties prayed for an adjournment to enable the parties to work ...
Tag this Judgment!Court : Himachal Pradesh
Reported in : 1971CriLJ1246
M.H. Beg, C.J.1. The appellant is a young man aged 27 years who has been convicted by the Sessions' Judge of Mahasu, Under Section 304. Part II, Indian Penal Code, and sentenced to one year's rigorous imprisonment only, and to pay a fine of Rs. 100/-, and in default of payment of fine, to undergo three months' further simple imprisonment.2. The prosecution case was that on 13th of October, 1969. the appellant, while going from Haripur towards Patta, on a road known as 'Brotiwala Road', came across a woman, Smt. Prabhi, aged about 100 years. and quarrelled with her. Then, the appellant is alleged to have thrown stones at the aged woman and injured her. Rattan Lai (P.W. 4), who was said to be following the appellant at some distance, was said to have heard voices and seen the accused throwing stones. The accused is alleged to have run towards Patta when he. saw Rattan Lai. The appellant was chased by Rattan Lai P.W. 4. The appellant was finally caught by Ram Dass (P.W. 6), the Chowkidar ...
Tag this Judgment!Court : Himachal Pradesh
Reported in : 1992CriLJ979
V.P. Bhatnagar, J.1. Appellant, Ram Singh has filed this appeal against the judgment dated 29-10-1985 of the learned Additional Sessions Judge, Mandi whereby he convicted him for the offence under Section 302 of Indian Penal Code and sentenced him to undergo life imprisonment. He was also ordered to pay a fine of Rs. 2000/-. In default of payment of fine, the appellant was to undergo further rigorous imprisonment for a period of one year.2. The appeal was heard in the first instance by a learned Division Bench of this Court comprising of R.S. Thakur and Bhawani Singh, JJ. Both the Judges handed down their judgments on March 24, 1989. Bhawani Singh, J. was of the opinion that an offence under Section 304, Part-II of the Indian Penal Code had been proved against the appellant. He, therefore, altered the conviction from that Under Section 302 Indian Penal Code to Section 304 Part II and proceeded to sentence the appellant to rigorous imprisonment for a period of 5 years and to pay a fine ...
Tag this Judgment!Court : Himachal Pradesh
Reported in : 1990CriLJ1434
Bhawani Singh, J.1. This appeal, by the accused, arises out of the judgment of Sessions Judge, Kangra Division, in Sessions Trial No. 11 of 1985 decided on 31-12-1985. In this case, under Section 376 of the Indian Penal Code, the accused has been convicted and sentenced to undergo simple imprisonment for a period of three years; however, held entitled to the benefit of the provisions of Section 428 of the Code of Criminal Procedure. The accused has a grievance against this judgment and, therefore, urges to set aside the same by this appeal.2. The prosecution case, in brief, is that the accused, a resident of Bala in Mauza Rakha raped Kumari Nisha (9 years) on 1-8-1984. It was a rainy day and she was going to her house after collecting fuel-wood. The place of occurrence was near a bowli, located near a resting place 'Sandhbehar' for cattle. She came home, went to her bed and apprised her mother only next morning and this fact was narrated to her father when he came back from the fields ...
Tag this Judgment!Court : Himachal Pradesh
Reported in : II(1996)ACC72,1996ACJ746
S.N. Phukan, C.J.1. By this common judgment and order, we dispose of five appeals along with the connected cross-objections, registered as F.A.O. No. 19 of 1985 with Cross-Objection No. 153 of 1985, F.A.O. No. 56 of 1985 with Cross-Objection No. 40 of 1986, F.A.O. No. 57 of 1985 with Cross-Objection No. 188 of 1985, F.A.O. No. 58 of 1985 with Cross-Objection No. 41 of 1986, F.A.O. No. 59 of 1985 and F.A.O. No. 60 of 1985.2. F.A.O. No. 56 of 1985 has been filed by the insurance company against the award. The claim petitioner-respondent Renu Acharya filed the claim petition under Section 110-A of the Motor Vehicles Act, 1939 (hereinafter called as 'the Act'), on the death of her husband Surendra Acharya, who died in the accident on 24.2.1980. The deceased was working as the Deputy Chief Officer, Reserve Bank of India, Chandigarh and was travelling with Bishan Swarup Maharishi, Sanjeev Kulkarni and K.C. Dhawan. They were proceeding from Shimla to Dharamshala in car No. HPS 2166 belonging ...
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