Court : Himachal Pradesh
Reported in : II(1996)ACC174,1996ACJ1292
Kamlesh Sharma, J.1. This appeal under Section 173 of Motor Vehicles Act (hereinafter called 'the Act') is directed against the award dated 27.11.1993 passed by the Motor Accidents Claims Tribunal, Una, whereby an amount of Rs. 1,57,800 was awarded to respondent-claimant Nos. 1 to (1)hereinafter called 'the claimants') as compensation payable by the appellant-respondent Sukh Dev, owner of the tractor No. PJD 1882. Respondent No. 10, Som Nath, son of Mangat Ram, was stated to be driver of the said tractor. Respondent No. 11, United India Insurance Co. Ltd., has been absolved of its responsibilities to indemnify the owner of the said tractor on the ground that there has been breach of specified condition of the insurance policy, such as, the driver did not have the valid licence at the time of accident which was in violation of Sub-section (2)(a)(ii) of Section 149.2. We have heard the learned Counsel for the parties and gone through the record.3. The brief facts are that one Madan Lal, ...
Tag this Judgment!Court : Himachal Pradesh
Reported in : 1973CriLJ1658
Chet Ram Thakur, J.1. The appellants have been convicted under Section 376 of the Indian Penal Code and sentenced to five years' rigorous imprisonment and a fine of Rs. 250/- each. In default of payment of fine the accused have been sentenced to undergo further six months rigorous imprisonment.2. The admitted facts are that Lachhman Singh, aged 55/56 years, is employed as a peon in the Engineering College at Chandigarh and Surjan Singh Is a Store-keeper in that College, whereas Ram Lai (P. W. 3) the father of Shakuntla prosecutrix (P. W. 1) is a washerman in the same college. Smt. Shafcuntla (P. W. 1) was suffering from some abdominal trouble and Lachhman Singh accused who also lived in a quarter adjoining to the quarter of the father of the prosecutrix had been treating her for the disease by 'Jhar Phunk i.e. exorcism, witchcraft Lachhman Singh was alleged to have been practising. As Lachhman Singh was an elderly man as also a neighbour, therefore, the mother of Shakuntla used to addr...
Tag this Judgment!Court : Himachal Pradesh
Kamlesh Sharma, J.1. This court proposes to dispose of these three appeals [F.A.O. (MVA) Nos. 214, 215 and 216 of 1984] by a common judgment as these pertain to the same accident and also arisen out of the common judgment dated 20.8.1984 passed by Motor Accidents Claims Tribunal, Kangra Division at Dharamshala. In the accident in question jeep No. HIL 4824 and bus No. HPK 1589 were involved. Bus No. HPK 1589 was owned by New Prem Bus Service, the respondent No. 1 and driven by Ramesh Kumar, respondent No. 2, at the time of accident. It was insured by New India Assurance Co. Ltd. respondent No. 3. The jeep No. HIL 4824 was owned by one of the claimants, Bishan Dass and was being driven by Kishori Lal at the time of accident.2. In the accident Bishan Dass and his daughter Sharda Devi, claimants, received injuries whereas Sheela Devi, wife of Bishan Dass died on the spot. Bishan Dass filed claim petition M.A.C.T. No. 7 of 1982 claiming an amount of Rs. 1,40,000 as the compensation. Sharda...
Tag this Judgment!Court : Himachal Pradesh
Reported in : 1995CriLJ3431
D.P. Sood, J.1. Shri Ajay Kumar (along with Shri Rajesh Kumar, a co-accused, who has been acquitted), was tried, convicted and punished to seven years rigorous imprisonment and to pay a fine of Rs. 15,0007- (Rupees Fifteen Thousands) for the commission of the offence under Section 376 of the IPC. In default of payment of fine, he has also been directed to suffer rigorous imprisonment for three years. In case of recovery of fine, the same has been ordered to be paid to the prosecutrix as compensation vide impugned judgment passed by the learned Sessions Judge, Shimla on 23-3-1994 in Sessions Trial No. 17-S/7 of 1993/89.2. The prosecution story as unfolded by the prosecutrixa may now be stated broadly. PW-6, Kanya Kumari, aged 15 years hails from village Todsa located at a distance of 16 Kms. from Police Station, Rohru. On 7-8-1989 at 8-00 a.m. she boarded a bus for Rohru and reached there at 9-00 a.m. in order to purchase household articles i.e. 'Gur' and oil. After having kept the Cann...
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2000CriLJ1591
M.R. Verma, J.1. This is an appeal preferred by the appellant/accused (hereafter referred to as the 'accused') against the judgment dated November 9, 1998 passed by the learned Sessions Judge, Chamba whereby the accused has been convicted under Section 376(2)(e) of the Indian Penal Code and has been sentenced to rigorous imprisonment for ten years and to pay fine in the sum of Rs. 2,000/- and in default of payment of fine, to further rigorous imprisonment for one year.2. Briefly, the case of the prosecution is as follows. PW 1 Pano Devi (hereafter referred to as the 'prosecutrix') is married in village Kandog. On August 20, 1977 she came to her parents' house in village Ohla and was staying there. At the relevant time, she had eight months pregnancy. On August 22, 1997, she left per parental house for Jijwas to bring grass. At about 4.00 p.m. when she reached at a place known as 'Kilat Nali', the accused met her who was staring at her. When the prosecutrix was crossing him, he abruptly...
Tag this Judgment!Court : Himachal Pradesh
Kuldip Singh, J. (Oral) This petition is directed against judgement dated 5.6.2012 passed by learned District Judge, Kinnaur Civil Division, at Rampur Bushahr in Civil Misc. Application No. 1 of 2012 affirming the order dated 14.3.2012 passed by learned Civil Judge (Junior Division) Rampur Bushahr in case No. 62-1 of 2011 in CMP No. 48-6 of 2012. 2. The facts in brief are that petitioner has filed a suit for declaration and injunction against the respondents and others that he and his two brothers had inherited the landed property from their father Azeem Ulla, who constituted Hindu Joint Family. In April 1969 the petitioner and his two brothers entered into a family settlement and in such family settlement land comprised in specific khasra numbers had been allotted to each brother according to their convenience. After the settlement, the area so allotted in family settlement had been coming in their possession since then. The petitioner has developed the share, which came to him in fam...
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1965HP49,1965CriLJ499
Om Parkash, J.C.1. Two brothers, Rai Singh, appellant, in Criminal Appeal No. 29 of 1983 and Gunia, appellant, in Criminal Appeal No. SO of 1963, were convicted and sentenced, under section 304, Part II, I. P. C., read with section 34, I. P. C., by the learned Sessions Judge, Sirmur, for causing the death of Mohta. The prosecution case against the appellants was as follows :2. The fields of the appellants adjoined thefields of Mohta; the fields of the appellant, being onthe upper side, and those of Mohta, being on thelower side. On the 30th August, 1962, Mohta wasdigging his field, known as That, just below the boundary line of the field of the appellants. Budhi Singh P. W. 2 and his sister, Smt. Bare, grandson and grand-daughter of Mohta, were hoeing the mash crop, growing in That field. At about 5-30 P. M., the appellants called out to Mohta, from a place known as Dangi-ki-Pand as to why he was digging their field. Mohta had replied that he was not digging the field of the appellant ...
Tag this Judgment!Court : Himachal Pradesh
Reported in : 1998ACJ235
Arun K. Goel, J.1. By this common judgment, we propose to dispose of the four appeals, namely, National Insurance Co. Ltd. v. Bhag Devi, F.A.O. (MVA) No. 75 of 1994; National Insurance Co. Ltd. v. Deva Jean, F.A.O. (MVA) No. 76 of 1994; National Insurance Co. Ltd. v. Sewati Devi, F.A.O. (MVA) No. 78 of 1994; and National Insurance Co. Ltd. v. Leela Bhagati alias Leelawati, F.A.O. (MVA) No. 79 of 1994; since they have arisen out of the same accident. During the course of arguments, awards passed by the Motor Accidents Claims Tribunal, Shimla, were attacked by the appellant company on identical grounds, viz., that the insurance company did not charge any premium from the owner of the vehicle and there is no evidence on record to show that the passengers/injured were travelling in the vehicle along with their goods, which was a goods vehicle adapted and built for carriage of goods, none of such persons travelling in the said vehicle was carrying goods and there is no positive evidence to ...
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2000CriLJ3106
M.R. Verma, J.1. The appellant-accused (hereinafter referred to as the Accused) has preferred the present appeal against the judgment passed by learned Sessions Judge, Solan in Session Trial No. 2-A/7 of 1999 dated 17-5-1999 whereby the accused has been convicted under Sees. 376/511 I.P.C. and has been sentenced to undergo rigorous imprisonment for 3 years and to pay fine of Rs. 3000/- and in default of payment of fine to undergo further imprisonment for six months.2. Case of the prosecution against the accused is that Kumari Urmila (PW-4) was aged abut 11 years in the year 1991 and was studying in 5th standard in Government Middle School Bathalag. Her brother was also studying in the same school. On September 25, 1991 heryounger brother, namely, Baldev passed stool in his clothes whereupon Asha Sharma (PW-6) asked Urmila the prosecutrix to take him with her and wash his clothes. The prosecutrix took her younger brother to the water pond on way to their house where she started cleaning...
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...
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