Court : Himachal Pradesh
Decided on : May-06-1961
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
Decided on : Jun-30-1961
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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