Court : Himachal Pradesh
R.B. Misra, J.1. Heard learned Counsel for the parties.2. The present Criminal Appeal has come up for consideration after the grant of leave to appeal under Section 378(3) of the Code of criminal Procedure in reference to the judgment dated 20.9.1996 passed by the Learned Sessions Judge, Sirmaur District at Nahan, HP in Sessions trial No. 50-N/7 of 1995, under Sections 457 and 376 IPC thereby acquitting the alleged accused/respondent.3. In order to adjudicate the present appeal, it is necessary to give the factual background of the case that the prosecturix is married woman, aged 30 years was having children of 7 years and 3 years, alleged to have been sexually assaulted by the accused in the absence of her husband, namely Randhir Singh when he was away on 9.6.1994. The accused had allegedly knocked the door in the night of 9/10th June, 1994, but the door was not opened, then accused opened the door with the help of 'Drat' and came inside and sexually assaulted the victim-prosecutrix w...
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1953HP1
Chowdhry, J.C. 1. Dissu, aged 25 years, of village Sanhol, pargana Bakan, district Chamba, was challenged under Section 302, I. P. C., for causing the death of his wife Mt. Chelo, aged 22 years, at his own house in the afternoon of 12-12-1951. The Magistrate concerned committed him to Sessions to take his trial for an offence punishable under paragraph 2 of Section 304, I. P. C., and the learned Sessions Judge has convicted him under Section 325, I. P. C., and sentenced him to five years' rigorous imprisonment. Against that conviction and sentence Dissu has filed the present appeal.2. The facts, as found from the testimony of P. W. 3 Musahibu, who was an eye-witness to the occurrence and is the appellant's mother's brother, and from the confession of the appellant himself to which he stuck in the main to the last, are not in dispute. The appellant had acquired Mt. Chelo for his wife by exchange. The bargain was however not a happy one, for the woman was a termagant. A day before the oc...
Tag this Judgment!Court : Himachal Pradesh
V.K. Ahuja, J.1. This is an appeal filed by the appellant/ Insurance Company under Section 173 of the Motor Vehicles Act, hereinafter referred to as 'the Act' against the award passed by the learned Motor Accident Claims Tribunal (I), Kangra at Dharamshala, dated 21.2.2005, passed in Claim Petition No. 18-K/II of 2003, titled Raksha Devi v. Jai Chand and Ors. This judgment shall also dispose of the appeal filed by the owner and the driver of the vehicle challenging the findings of the learned Tribunal, whereby the Insurance Company was held entitled to recover the award amount from the owner of the vehicle.2. Briefly stated the facts of the case are that the respondent No. 1 Raksha Devi, hereinafter also referred to as the claimant, filed a claim petition under Section 166 of 'the Act' for the grant of compensation. It was alleged by the claimant that she was going alongwith others to Deotsidh on a pilgrimage to Baba Balak Nath Temple. They were going in a Tempo bearing No. HP 40 3713 ...
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2001CriLJ1047
Kuldip Chand Sood, J.1.The present appeal is directed against the judgment of the learned Sessions Judge, Kinnaur Sessions Division at Rampur Bushahr, dated March 31, 1997, in Sessions Trial No. 31-R/7 of 1995, whereby the appellant Amrit Lal, hereinafter referred to as an 'accused', has been convicted for an offence punishable under Section 376 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for seven years and to pay a fine of rupees 2,000/-. In case of default in the payment of fine, the accused is to suffer further simple imprisonment for one year. The accused has also been directed to pay rupees 5000/- as compensation to the victim.2. Prem Kumari d/o Shri Achhar Singh, is resident of village Pangi. On July 9, 1994, Prem Kumari (PW-1) visited the house of Sukhdev to pay obeisance to 'Devta' who was brought to the house of Sukhdev on the same day from Kalpa. Amrit Lal accused, a resident of Kalpa, had accompanied the Devta from Kalpa to the house of Sukhdev in...
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2006CriLJ650
Surjit Singh, J.1. Appellant Vijay Kumar has been convicted of an offence under Section 302 of Indian Penal Code, for allegedly committing the murder of one Rup Lal of Bharmour on 29th August, 2001, at 9 p.m. at a place called Karian in Chamba District, by the learned Sessions Judge,. Chamba. As a result of such conviction he has been sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 2000/- and in default of payment of fine to undergo simple imprisonment for a further period of three months. The appellant is aggrieved by the order of his conviction and punishment and so he has come up in appeal to this Court.2. The case of the prosecution, as per record, may be summed up thus. Deceased Roop Lal was a Gorklia from Nepal and used to work at Bharmour. On 29th August, 2001 he went to village Karian, falling within the jurisdiction of Police Station, Chamba, to meet one of his compatriot, namely Tek Bahadur, who was employed as a mate or sub-contractor with one Sh...
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2008CriLJ3210
Kuldip Singh, J.1. This appeal has been directed against judgment of conviction and sentence, dated 28-3-2006, passed by the learned Sessions Judge, Kullu in Sessions Trial No. 67-05, vide which the appellant has been sentenced to undergo rigorous imprisonment for a period of seven years and to pay a fine of Rs. 5000/- for the commission of offence, under Section 376 IPC, in default of payment of fine, the appellant is to undergo further imprisonment for three months. The appellant has also been sentenced to undergo rigorous imprisonment for three years and to pay fine of Rs. 1000/- under Section 452 IPC and in default of payment of fine, he has been directed to further undergo imprisonment for two months. The appellant has also been directed to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs. 1000/- for the commission of offence, under Section 506 IPC, and in default of payment of fine, the appellant shall undergo imprisonment for one month. All the sent...
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2000CriLJ468
R.L. Khurana, J. 1. The appellant, Rajender Kumar, hereinafter referred to as the accused, upon having been convicted by the learned Sessions Judge, Chamba, in Sessions Case No. 24 of 1994 for the offence under Section 307, Indian Penal Code, vide judgment dated 27/29-12-1995 stands sentenced to simple imprisonment for a period of three years and to pay a fine of Rupee 1000/- In default of payment of fine, he has been sentenced to simple imprisonment for a period of ten days.2. Briefly, the prosecution story may be thus stated. The accused and the injured complainant PW. 2 Rakesh Kumar both belong to village Dhulara, Pargana Bhatti Tikkri falling within the local limits of Police Station, Chowari in District Chamba. There exists a Shiva Temple in the area of Nadal. On 27-2-1992, a 'Jagrata' was held at the said temple in which 50/60 persons including the accused and PW. 2 Rakesh Kumar had participated. As a customary ritual a he-goat and a lamb were offered as a sacrifice at the altar ...
Tag this Judgment!Court : Himachal Pradesh
Reported in : 1998ACJ872
M. Srinivasan, C.J.1. The insurance company is the appellant. The accident occurred on 25.11.1986. The deceased was travelling in the truck owned by the respondent No. 6 herein. The driver of the truck also died in the accident. The deceased was an employee of another person as a driver of another truck No. HIS 6017. The claimants are his widow and children. In the original petition it was alleged that the deceased travelled in the truck, which got involved in the accident, on a request made by the driver of the truck in order to find labourers for the said truck to load cargo of apple boxes in the said truck. It was alleged that on account of rash and negligent driving of the truck, the vehicle got involved in the accident resulting in the death of the driver of the said truck as well as the deceased. A claim was made for a sum of Rs. 5,00,000/- (five lakh) by way of compensation.2. The appellant as well as the owner of the vehicle contested the proceedings. In the reply filed by the ...
Tag this Judgment!Court : Himachal Pradesh
Reported in : 1997ACJ1002
Kamlesh Sharma, Actg. C.J.1. This appeal at the instance of insurer, Oriental Fire & Genl. Ins. Co. Ltd. against the award dated 9.1.1990 passed by Motor Accidents Claims Tribunal-I, Kangra Division at Dharamsala (hereinafter called 'the Tribunal') whereby an amount of Rs. 4,40,000/- (Rupees four lakh and forty thousand) was awarded to respondent-claimant Nos. 1 to 4, widow and children of Inder Mohan Vig, who died in an accident on 20.9.1987, when his motor cycle No. PAH 4116, on which he was a pillion rider, collided with truck No. HPM 1142 at a place Haathi Bhed about 7 kilometres from Kangra, which was driven by respondent No. 8 Suman Kumar and owned by respondent No. 5 Jagjit Singh Gurdeep Singh. The award amount is held payable by respondent No. 5 Jagjit Singh Gurdeep Singh, respondent No. 5 (ii) Gurdeep Singh, respondent No. 8 Suman Kumar and the appellant insurance company, who alone has challenged the award by way of this appeal.2. We have heard learned Counsel for the parties...
Tag this Judgment!Court : Himachal Pradesh
Deepak Gupta, J.1. The aforesaid four appeals are being disposed of by a common judgement since they arise out of one accident. The claimants Waryam Singh and Raj Kumar filed two separate claim petitions. The allegations made in these claim petitions were that on 14th June, 2000 they were engaged as labourers and were travelling in truck No. HP-20-0199 as labourers. This truck met with an accident due to the rash and negligent driving of respondent No. 1, Surinder Kumar, alleged to be the driver of the truck. The truck was owned by Krishan Kumar Sharma. The driver contested the claim petitions. He took up two pleas. His first plea was that in fact he was not the driver of the truck on the day when the accident occurred. According to him, he had already left the job of respondent No. 2 and had joined service at Kumarsain or at Shimla. He also simultaneously took up the plea that he had been instructed by the owner not to ply the vehicle till all documentation was completed. Respondent N...
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