Court : Himachal Pradesh
Reported in : 2003CriLJ547
ORDERLokeshwar Singh Panta, J.1. This appeal is filed by Kamla Nand (hereinafter referred to as 'the appellant') against the judgment and order dated 1-6-1998 passed by learned Sessions Judge, Shimla in Sessions Trial No. 5-S/7 of 1997. By the impugned judgment the trial Court convicted the appellant of the offence punishable under Section 376 read with Section 511 of the Indian Penal Code and sentenced him to undergo five years' rigorous imprisonment and to pay fine of Rs. 1000/- and in default of payment of fine, the defaulter was to undergo rigorous imprisonment for period of six months.2. The facts of the prosecution case are as follows :The appellant aged about 52 years was employed as Chowkidar in MES, Jutogh Cantt., Shimla in the year 1995. His colleague PW-5 Mohinder Singh along with his family had lived in the neighbourhood of the appellant for about eight years. Thereafter, P.W. 5 shifted to another quarter which was at a distance of about 5-10-minutes walk from the quarter o...
Tag this Judgment!Court : Himachal Pradesh
Rajiv Sharma, J.1. A challenge has been laid by the State to the judgment dated 12.8.1997 of the learned Sessions Judge, Mandi in Sessions trial No. 28 of 1996, whereby respondents, who were charged with and tried for offence, under Section 302 read with Section 34 of the Indian Penal Code, have been acquitted.2. Prosecution case, in a nutshell, is that respondent No. 2 Atma Ram is resident of village Marhog in Tehsil Karsog, District Mandi. He has three sons, namely, Labh Singh, Deep Chand and Chet Ram. Labh Singh was married to Krishna Devi deceased. Labh Singh and his younger brother Chet Ram lived together with their mother Simro Devi. Respondent Deep Chand and his family lived with his father Atma Ram. On the morning of 5.6.1996, children of Labh Singh, including his daughter Meera Devi (PW-2) were picking up Shahra fruit (apricot) from a tree. Respondent Deep Chand came there and asked them why they were picking up the fruit. Krishana Devi wife of Labh Singh (PW-4) appeared on th...
Tag this Judgment!Court : Himachal Pradesh
Dharam Chand Chaudhary, J. Challenge in these appeals is to the judgment dated 8.12.2008, passed by learned Additional Sessions Judge, Sirmaur District at Nahan, in Sessions Trial No. 20-N/7 of 2007, convicting and sentencing thereby the appellant (in Cr. Appeal No.40/2009), hereinafter referred to as accused No.1, to undergo rigorous imprisonment for life and to pay a fine of Rs.15,000/- under Section 302 IPC and in default of payment of fine to undergo further imprisonment for a period of one year; whereas acquitting the respondent (in Cr. Appeal No. 290 of 2009), hereinafter referred to as accused No.2, of the charge under Section 302 of the Indian Penal Code read with Section 34 IPC, by giving him benefit of doubt. 2. The occurrence having taken place on 23.7.2007 in broad daylight around 3.30 p.m. in village Sawana, Tehsil Rajgarh, District Sirmaur, has taken away a precious and valuable human life as the victim, Naresh Kumar succumbed to stab injuries he received on vital part of...
Tag this Judgment!Court : Himachal Pradesh
Reported in : 1994ACJ12
Devinder Gupta, J.1. Both the appeals arise out of a common judgment passed on 6th November, 1982, by learned single Judge of this court in F.A.O. Nos. 33 and 35 of 1977 whereby the award made on 16th May, 1977, by Motor Accidents Claims Tribunal, Solan and Sirmaur Districts, camp at Solan, awarding compensation to late Kishan Swarup Thapar, claimant, was modified.2. Claimant Kishan Swarup Thapar, a practising advocate of Punjab and Haryana High Court at Chandigarh, received serious injuries when Fiat car bearing registration No. DLH 5220 collided with goods carrier truck No. HRA 606 on 25th August, 1970, near post office Kandaghat on Shimla-Kalka National Highway. The car was owned by Dr. Lakhbir Sood and was at the relevant time being driven by his brother Amrit Lal Sood. It was insured with Jupiter General Insurance Co. Ltd. The claimant had been engaged as a counsel by Amrit Lal Sood for conducting proceedings on his behalf in a case pending in this court, namely, Bhagwan Finance P...
Tag this Judgment!Court : Himachal Pradesh
Reported in : 1995CriLJ124
A.L. Vaidya, J. 1. The present appellants in Criminal Appeal No. 4 of 1992 and the respondent Bajinder Singh in Criminal Appeal No. 277 of 1992 were tried together in the same trial for the offences under Sections 302/34 IPC. Joginder Singh appellant is the father while appellants Jagtar Singh, Balwinder Singh in Criminal Appeal No. 4 of 1992 and Bajinder Singh respondent in Criminal Appeal No. 277 of 1992 are the sons of Joginder Singh. All of them were charged for committing the murder of deceased Dilavar Singh, the real brother of Joginder Singh. As both these appeals arise out of the same trial pertaining to the same occurrence, accordingly, they are being disposed of by the same judgment.2. The prosecution case, as put up against the accused persons has been that father of Joginder Singh and that of Dilavar Singh deceased had four plots of land which he left for his four sons Joginder Singh, the deceased Dilavar Singh and two other brothers. Joginder Singh and Mohinder Singh two b...
Tag this Judgment!Court : Himachal Pradesh
Reported in : 1989CriLJ2238
V.P. Bhatnagar, J.1. This appeal is directed against the judgment dt. May 1, 1985 of the learned Sessions Judge, Solan and Sirmaur districts at Solan whereby he convicted accused Indru under Sections 366 and 376, IPC, and sentenced him to undergo rigorous imprisonment for a period of 10 years and to pay a fine of Rs. 2,000/- and in default of payment of fine to undergo further imprisonment for a period of one year, under Section 376, I.P.C. The accused was further sentenced to undergo rigorous imprisonment for 2 years and to pay fine of Rs. 1,000/- under Section 366; I.P.C. In default of payment of fine of Rs. 1,000/-, it was further ordered that he would undergo imprisonment for 6 months.2. The victim of rape is Km. Mohini whose parents are PW 4 Dila Ram and PW 6 Kamla. It is not disputed that Mohini was about 6 years old on the day of occurrence viz., Sept. 24, 1984. Mohini, her parents, PW7 Purna Chand, PW 8 Balak Ram and the accused are all residents of village Barog.3. The prosecu...
Tag this Judgment!Court : Himachal Pradesh
Dev Darshan Sud, J. 1. The State has challenged the judgment of learned Sessions Judge, acquitting the respondents for offences under Section 304-B and 498-A read with Section 34 of the Indian Penal Code. 2. The brief facts necessary for consideration in this appeal are that the deceased Alka alias Ashu was the daughter of Roop Lal and was married to respondent No.3 Sheetal Kumar son of Sh. Devinder Dutt. Their marriage was performed despite opposition from the parents of the deceased. The undisputed fact is that it was a love marriage. On 13.9.2000, the marriage was solemnized at Rajgarh. The case of the prosecution is that they resided as husband and wife happily for some time but later on she was harassed for dowry which ultimately compelled her to end her life. 3. Ext. PA is statement of Bachani Devi (PW1). She states that her husband is employed in the Forest Department. They have two sons and two daughters. Alka alias Ashu is the eldest daughter, who has qualified degree of B.Sc....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 1973CriLJ1375
ORDERD.B. Lal, J.1. This is a reference made to High Court under Section 438 of the Criminal Procedure Code and arises out of the order made in revision by the learned Additional Sessions Judge, Dharamsala, in a case under Section 133, Criminal Procedure Code instituted before the S. D. M. Palampur as a result to a complaint submitted by Jogeshwar Ram for a mango tree which is standing near his house and of which the branches extend upto his roof and is likely to endanger the security of his house in case it falls, clue to the action of wind or rough weather. The complaint of Jogeshwar Ram was that the tree belonged to Hira Lai and is at a distance of about 10 to 12 yards away from his house. Some two years ago a branch of this tree fell and damaged the roof of the complainant. According to him, the roots of the tree have got exposed and it is likely to fall any time on his house and thereby cause damage to his life and property. The S. D. M. Palampur, after receiving the complaint, go...
Tag this Judgment!Court : Himachal Pradesh
Reported in : 1999ACJ1305
Lokeshwar Singh Panta, J.1.The Motor Accidents Claims Tribunal, Solan, in Claim Petition No. 44-S/2 of 1989 has awarded the compensation amount of Rs. 1,66,500 in respect of the death of Mohan Lal and amount of Rs. 48,021 towards the loss of goods by judgment and order dated 24.8.1990 to the heirs of the deceased, who had expired on the night intervening 17/18.9.1988 in the accident. That order is challenged by the insurance company by filing this first appeal.2. Briefly stated, the facts giving rise to the present appeal are that; Mohan Lal, aged about 55 years, resident of Junga, Tehsil and District Shimla was travelling in truck bearing registration No. HPR 89 owned by Himachal Wholesale Syndicate, Parwanoo and Ram Murti and Ramesh Kumar were its partners. The truck was loaded with goods worth about Rs. 50,000 belonging to the deceased and the goods were being carried from Parwanoo to Junga. The said truck met with an accident near Barog on the intervening night between 17 and 18.9....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 1997ACJ926
Arun Kumar Goel, J.1. This appeal at the instance of the insurance company hereinafter referred to as respondent No. 3 is directed against the order dated 15.3.1995 passed by Motor Accidents Claims Tribunal (2), Kangra at Dharamshala in M.A.C.P. No. 30-P/95, whereby application under Section 140 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act') filed by the claimants, has been allowed and the appellant has been directed to pay a compensation of Rs. 50,000/- under no fault liability to respondent Nos. 1 and 2 (hereinafter referred to as the claimants).2. The sole question involved in the present appeal is as to whether the amendment of Section 140 (2) of the Act as amended vide Motor Vehicles (Amendment) Act, 1994 is applicable from the date of its amendment or is applicable retrospectively to the pending cases also. In the background of this case the facts are within very narrow campus.3. Admitted facts are that the accident in the instant case took place on 16.6.1...
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