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
Reported in : AIR1953HP105
Chowdhry, J.C. 1. This is an appeal by one Sant Ram, aged 22, of village Droh in Kangra district against his conviction by the learned Sessions Judge, Sirmur, for offences punishable under Section s 302 and 392, I. P. C, and the sentences of transportation for life and five years' R. I. imposed upon him under the respective sections, the sentences running concurrently.2. The prosecution story, as found established by the learned Sessions Judge:, is as follows. The appellant came to Nalian in search of employment and casually met one Jiwanu. (P. W. 10). Jiwanu introduced him to his former' master Kr. Pratap Singh (P. W. 19), and the latter engaged the appellant. on 18-1-1952. Kr. Pratap Singh's wife was already away at Lucknow, and he himself left for Patiala on 19-1-1952. The only inmates of the house left after his departure were his child aged 11 years, a maid servant Mt.Sandla who looked after the child, a servant named Chambel Singh (P. W. 25) and the present appellant. Chambel Sin...
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1954HP6
Chowdhry, J.C. 1. This is a second appeal by three of the nine plaintiffs, the rest being im-pleaded as 'pro forma' respondents. The suit related to land, 52 bighas and 5 biswas in area, of which the last male holders were Sitlu and Haria, and the last female holder Mst. Sakki, the widow of the former. On her death, it was taken by escheat by the former Jubbal State. The plaintiff's case was that out of the said land 47 bighas were granted, after the escheat, to defendants 2 to 7 by the Raja. The trial Court found that grants were made only to defendants 2 (Sita Ram), 4 (Kan-thu) and 6 (Mandas, who died during the pendency of the suit in the trial Court and was substituted by Sher Singh). The correctness of this finding was conceded in this Court, sothat the grants in favour of only these 3 defendants are now in question. The grants made to these defendants were separate and of spe-cine areas. Claiming to be reversioners to the estates of the last male holders on the death of Mst. Sakk...
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1954HP11
Chowdhry, J.C.1. This is an appeal by Findal, aged 36, against his conviction under Section 302 Penal Code by the learned Sessions Judge of Manasu for the murder of one Sundar Singh by poisoning him with aconite and the sentence of transportation for life imposed upon him. He acquitted Mst. Nilam Dasi, who was tried along with the appellant for abetment of the offence, because in his opinion the prosecution had failed to prove conclusively that she had supplied aconite to the appellant.2. The facts of the prosecution case are briefly as follows: The deceased and his elder brother Mohar Singh lived together in village Gharshial, Tehsil Rohru. The appellant also belongs to the same village. Mohar Singh first married Mst. Karam Patti (P. W. 4), and she became the common wife of both the brothers. A few years later Mohar Singh married the aforesaid Mst. Nilam Dasi of village Manghi-yara, and she also subsequently became the common wife of the two brothers. Findal appellant used to work on ...
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1956HP28
Ramabhadran, J.C.1. These are two cross-appeals, which arise out of a suit on the basis of a contract for the sale of land, measuring 230 bighas 12 biswas and 10 biswansis, situate in village Badhwan Kasurla, ilaqa Bahl, Tehsil Sadar, district Mandi. On 21-5-1949, (corresponding to 8th Jeth, 2006) Sudarshan, defendant, executed an agreement, Ex. P. A, whereby he undertook to sell the land mentioned above to the plaintiff, Mian Chuha Singh, and one Hem Prabh in equal shares for a total consideration of Rs. 22,000/-.In the body of the agreement, Sudarshan admitted receipt of half the sale consideration, namely, Rs. 11,000/-. The balance was to be paid, when the sale-deed was registered. In the event of any default on the part of the defendant, he was to make good to the plaintiff, not only the sum of Rs. 11,000/- already received, but a further sum of Rs. 11,000/- by way of damages.The plaintiff's case was that the defendant failed to perform his part of the contract and mortgaged the la...
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1957HP23
Ramabhadran, J.C. 1. The suit, out of which this second appeal by a defendant, has arisen, has had a chequered career. Rajmata Shanti Devi of Bushahr instituted a suit against Pitambar Das (the appellant in this Court) for the recovery of Rs. 3,000 on 5-12-1950. The suit was dismissed by the trial Court (Senior Subordinate Judge of Mahasu) on 31-12-1951. The plaintiff then went up in appeal to the learned District Judge, who, on 21-8-1952, remanded the suit to the trial Court with certain instructions. Against that remand order, the defendant Pitambar Das came up in revision to this Court. My learned predecessor, on 3-6-1953, set aside the order of remand made by the District Judge and submitted, therefor, an order under Order 41, Rules 25, Civil P. C. The Court of first instance allowed the plaintiff to amend her plaint, so as to enable her to fall back upon the original consideration. It then made the necessary inquiry and submitted its report on 2-8-1954. The learned District Judge ...
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1959HP3,1959CriLJ448
ORDER: I allow this appeal and set aside the order dated 29-5-1957 of Shri Om Prakash Sessions Judge, Mandi, acquitting Mt. Shiv Devi, of an offence under Section 302, I. P. C. I convict Mt. Shiv Devi of an offence under Section 302, I. P. C., and sentence her to life imprisonment.36. The directions made by the Sessions Judge for the disposal of case property will, however, stand....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1959HP12
ORDERT. Ramabhadran, J.C.1. This petition, under Article 228 of the Constitution arises under the following circumstances:--The petitioner Shri A. D. Bali, Officiating Deputy Superintendent of Police, Bilaspur, is being proceeded against departmentally, by the respondent, on the basis of a charge-sheet dated 27-6-1958 (Annexure 'A'). Along with the original charge-sheet, a statement of allegations has been appended, although the same has not been enclosed with this petition, but it was shown to me during the course of arguments. These allegations are to the effect that when the petitioner was transferred from Chini to Kasumpti, about three years ago, ho drew certain amounts, to which he was not entitled under the Rules, by way of travelling allowance by making false representations.The petitioner's main contention is that the charge-sheet discloses an offence described in Section 5(1) (d). Prevention of Corruption Act, 1947. Since the same is triable exclusively by a Special Judge, as ...
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...
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1962HP5
ORDERC.B. Capoor, J.1. This referencee has been made by the learned Sessions Judge, Mahasu, Sirmur, Bilaspur and Kinnaur Sessions Division, recommending that the order of the learned Magistrate first class, Arki, in a case under section 145, Cri. P. C., be set aside and the case remanded to him for passing fresh orders after making proper inquiry as required by Sub-section (1) of Section 145, Cri. P. C. 2. It appears that the parties to the proceeding did not file any affidavit and instead examined Witnesses in support of their respective cases. The learned Sessions Judge was of the opinion that the aforesaid procedure was in contravention of Sub-section (1) of Section 145, Cri. P. C., and the order of the learned Magistrate was liable to be quashed on that score. In arriving at that conclusion he relied upon the cases reported in AIR 1959 (1955 is obviously a mistake) All 763, Bhagwat Singh v. State and S. Jodh Singh v. Bhagambar Dass, 63 Pun LR 63: (AIR 1961 Punj 187). 3. Ira the AIR...
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