Court : Himachal Pradesh
V.K. Ahuja, J. 1. This is an appeal filed by the State of H.P. under Section 378 Cr.P.C. against the judgment of the Court of learned Additional Sessions Judge, Mandi, dated 23.12.2003, vide which he acquitted the respondents of the charge framed against them under Section 302 read with Section 34 of I.P.C. 2. Briefly stated, the facts of the case are that on 16.8.2001, at 9.30 a.m., a telephonic message was received at Police Station Sadar, Mandi, that one Parvinder resident of village Alothi has been murdered and police should come and investigate. This information was recorded vide rapat No. 3 dated 16.8.2001. S.H.O. alongwith other police officials proceeded to the spot. He thereafter recorded the statement of Kaushalya Devi, mother of the deceased, in which she had stated that her husband is already dead and she has two sons, namely Parvinder, now deceased and Mohinder, respondent and third her step son Jageshwar, respondent. It was alleged that all the three brothers were living ...
Tag this Judgment!Court : Himachal Pradesh
Reported in : 1972CriLJ83
D.B. Lal, J.1. This is an application under Section 526 of the Criminal Procedure Code and the prayer is for the transfer of proceedings from the Court of the Sub-Divisional Magistrate, Nalagarh. to any other competent Court outside Simla District. Harsarup Dass is the applicant and he has alleged that his wife Srimati Rukmani Devi lumped into a well on the night on 9th June. 1971 as she committed suicide. The first postmortem examination on the body was performed on 10-6-71. There was a stir in the town and processions were organised. There was demonstration against the applicant who was suspected to be a murderer. As a result to all that, the District Medical Officer was summoned from Simla and he performed another post mortem examination on 11-6-71. The Police was investigating the case, but the District Magistrate Simla, chose to entrust the enquiry to the Sub-Divisional Magistrate. Kandaghat, under Section 176. Criminal Procedure Code, This Magistrate reached Nalagarh on 24-6-71 a...
Tag this Judgment!Court : Himachal Pradesh
Reported in : II(1998)ACC297,1999ACJ661
R.L. Khurana, J.1. The above noted appeal and the cross-objections arising out of the award dated 8.12.1992 of the learned Motor Accidents Claims Tribunal, Chamba, (for short 'the Tribunal') passed in ACT Case No. 28 of 1989, are being disposed of by this single judgment.2. One Rajinder Singh, a science teacher of about 35 years of age, died in an accident on 31.10.1989 which took place at about 7.30 p.m. near Tarvai curve within the local limits of jurisdiction of Police Station Tissa of District Chamba. The deceased at the relevant time was travelling as a pillion rider on scooter No. HIC 865 of which Tilak Singh, appellant before this Court, was the owner-cum-driver.3. Respondent Nos. 1 to 3, the widow and minor daughters of the deceased, hereinafter referred to as the claimants, approached the learned Tribunal under Section 166, Motor Vehicles Act, 1988, seeking compensation to the tune of Rs. 7,00,000 for the death of the deceased. It was averred that the accident had taken place ...
Tag this Judgment!Court : Himachal Pradesh
Reported in : 1973CriLJ150
D.B. Lal, J.1. This was an appeal by Ram Singh Constable of the Treasury Guard Police Station Rohru. against the order of his conviction sentencing him to death, for the offence of murder punishable under Section 302. I.P.C. There was the usual Reference by the State for the confirmation of the death sentence. After hearing the learned Counsel and after a careful perusal of tile record, we have maintained the conviction, but have altered the sentence by reducing it to life imprisonment. We accordingly rejected the reference for confirmation of death sentence. We pronounced the judgment and proposed to give our reasons at a later date. We are now giving our reasons for the judgment which we have already pronounced.2. The prosecution case was, that Ram Singh was posted as Constable of the Treasury Guard at Police Station, Rohru. and on 17th of July. 1970, his duty hours were 9. 00 p.m. to 12.00 mid. night, one of the rooms in the premises of the Police Station was utilized for the Treasu...
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2003CriLJ86
Lokeshwar Singh Panta, J. 1. This appeal is directed against the judgment dated 21-2-2000 of Sessions Judge, Chamba in Session trial No. 15 of 1999 convicting the appellants-accused under Section 302 of the Indian Penal Code and sentencing them to undergo imprisonment for life and to pay fine of Rs. 5000/- each. In default of payment of fine to undergo simple imprisonment for two months each for the murder of one Chaman Lal. The appellants were also convicted under Section 323 read with Section 31 of the Indian Penal Code for inflicting simple injury to Ram Singh and sentenced to suffer imprisonment for three months each and to pay fine of Rs. 1000/- in default of payment of fine they shall undergo simple imprisonment for one' month cash.2. In order to appreciate the controversy we are herewith giving essential facts.3. As per the prosecution story, on 13-1-1999 at about 6 or 6-30 p.m. PW-1 Ram Singh along with his brother Chaman Lal were going to their maternal grand parents' house in...
Tag this Judgment!Court : Himachal Pradesh
Reported in : 1989CriLJ2520
Bhawani Singh, J.1. This appeal arises out of the judgment of Sessions Judge, Kangra Division, in Sessions Case No. 15 of 1982 and Sessions Trial No. 9 of 1982, decided on 13-5-1983. The appellant has been convicted under Section 304-II of the I.P.C. and sentenced to rigorous imprisonment for a period of three years and fine of Rs. 1000/- and in case of default of payment of fine, to undergo further simple imprisonment for six months. The fine, on recovery, was ordered to be paid, as compensation, to the heirs of Jai Karan.2. The facts, in brief, may be stated thus. According to the prosecution, on 19-2-1982, Ranjit Singh and Roshan Lal were working at the instance of Jai Karan (deceased) and were fencing his land towards the village path at about 10 a.m. The appellant, carrying a latjii, appeared and gave lathi blows on the head of Ranjit Singh and thereafter he gave lathi blows on the head, legs and right arm of Jai Karan. The blow resulted in the fracture of the ulna of Jai Karan. T...
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2002CriLJ3178
Lokeshwar Singh Panta, J.1. Both these appeals have been filed against the judgment and order dated 30-6-2000 passed by Addl. Sessions Judge, Solan in Sessions trial No. 4-S/7/97. By the impugned judgment and order, out of 24 accused, the Addl. Sessions Judge convicted A-1 Shayam Lal, A-2 Ram Das, A-3 Hans Raj and A-15 Manoj Kumar for various offences as under :1. A-1 Shayam Lal(a) under Section 452, IPC and is sentenced to undergo simple Imprisonment for five years and to pay fine of Rs. 5,000/-, in default of payment of fine to undergo simple imprisonment for six months more;(b) under Section 302, IPC for causing the death of Guddu Ram and is sentenced to undergo imprisonment for life and to pay fine of Rs. 10,000/-, in default of payment of fine to undergo simple imprisonment for one year more and;(c) under Section 323, IPC for causing injuries to deceased Guddu Ram and is sentenced to undergo simple imprisonment for one year.2. A-2 Ram Dass(a) under Section 452, IPC and is sentence...
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2012AIR(HP)61
Kuldip Singh, J. 1. The plaintiff has come in second appeal against judgment, decree dated 18.8.2001 passed by learned District Judge, Mandi in Civil Appeal No. 2 of 1998 reversing judgment, decree dated 27.8.1997 passed by learned Senior Sub Judge, Mandi in Civil Suit No. 127 of 1992, 43/1995 decreeing the suit of the appellant for recovery of ` 40,000/- along with interest at the rate of 12% per annum and future interest at the rate of 6% per annum. 2. The facts, in brief, are that the appellant had filed a suit for recovery of Rs.1,00,000/- against the respondents on the averments that the appellant is matriculate and was working as Conductor in September, 1990 on salary Rs.1,000/- per month. He was hale and hearty unmarried aged 20 years at the relevant time. On 27.9.1990 he was coming from Tarna Temple, Mandi, he received bullet injury on his hip joint in Mohalla Thanehra, Mandi. He fell down and was removed to Civil Hospital, Mandi where he remained admitted till 9.10.1990. 3. Th...
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Deepak Gupta, J.1. The following questions have been referred for decision to the Full Bench:1. What meaning should be assigned to the phrase 'any property of a third party' occurring in Section 147 and 165 of the Motor Vehicles Act, 1988?2. Whether the goods of a consignor/consignee being carried in a goods vehicle can be termed to be property of a third party?2. The claimants in both these appeals filed Claim Petitions before the Motor Accident Claims Tribunal, Shimla under Section 166 of the Motor Vehicles Act, 1988 (hereinafter referred to as the 'Act') in which compensation was claimed for loss of goods being carried in a truck. In both the cases, the owner of the goods was travelling alongwith the goods in the truck.3. In FAO No. 97 of 1999, the learned Tribunal awarded compensation for the personal injuries suffered by the owner but rejected the claim with regard to the goods being carried in the vehicle.4. In FAO No. 209 of 1999 the claim was only with regard to the goods being...
Tag this Judgment!Court : Himachal Pradesh
Reported in : 1961CriLJ475
C.B. Capoor, J.1. This is an appeal by Govardhan resident of village Gonthla against an order of the Sessions Judge Mandi and Chamba Districts convicting him of an offence under Section 802 of I.P.C. and sentencing him to undergo imprisonment for life. (2) Briefly stated the prosecution case was as below:Smt. Rukmani is the wife of the appellant. For some time prior to the incident under consideration the relations between the two had become strained and the husband suspected that the estrangement between them was due to the witchcraft practised by Jhanu deceased. On 26th of May 1960 the deceased went to the house of the appellant. At that time Devi Ram Pw. 6 was also sitting there. The appellant offered liquor to them and all the three persons partook of it. Shortly afterwards Devi Ram left the place. The remaining two persons had seme more liquor and the deceased began to recite some Mantras, This was objected to by the appellant but to no result. The appellant had an amulet found hi...
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