Court : Himachal Pradesh
Surjit Singh, J.1. The present eight appeals, whose particulars are given in the heading of this judgment, are being disposed of by a common judgment, as all of them are directed against two judgments delivered in the same Sessions Trial and evidence, upon which the judgments are based, is the same. The judgments are dated 20th January, 2005 and 22nd September, 2007, delivered by Sessions Court at Una. As a matter of fact, there could have been a single judgment, but the necessity for writing a second judgment arose, because one of the appellants (convicts), namely Gurjant Singh, after the close of the evidence by the prosecution and even after his own examination, under Section 313 of the Code of Criminal Procedure, absconded and he had to be declared a proclaimed offender, on account of his being not traceable. A separate judgment was written in his (Gurjant Singh's) case on 22nd September, 2007.2. We may notice the prosecution case, which led to the trial. Una Police filed a report,...
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2007(3)ShimLC289
Deepak Gupta, J.1. The Excise and Taxation Department issued an Excise Policy and arrangements for the year 2007-2008. Under this Policy individual applications were invited for allotment of retail vends. The respondent No. 2 issued public notice in terms of the Excise Policy on 22.2.2007 inviting applications for allotment of retail sale license of country liquor and Indian made foreign liquor. As per this scheme and the notice of allotment, the allotment was to be made by draw of lots in case there were more than one application for a particular vend/unit. The draw of lot was to be conducted by a Committee consisting of the Deputy Commissioner of the District, representative of the Excise and Taxation Department Himachal Pradesh, the Deputy Excise and Taxation Commissioner of the respective Zone and the Assistant Excise and Taxation Commissioner/Excise and Taxation Officer Incharge of the Districts. As per the notice and the terms and conditions it was not necessary for the applicant...
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1954HP17
ORDERChowdhry, J.C.1. This is a second application by the defendant Atma Ram for revision of an interlocutory order of the trial Court, the first having been dismissed on 14-7-1952. That was an application directed against an order that the preliminary and the other issues be disposed of together. The present revision is directed against an order dated 28-11-1952 allowing the application of the plaintiff respondent under O. 6, R. 17, Civil P. C., to amend the plaint.2. The present suit was filed by the plaintiff respondent Jhinoo Ram against Atma Ram for recovery of Rs. 5,500/- as unpaid balance ofprice of opium alleged to have been purchased by the defendant on 17-1-1948. The defendant was sued as gumashta of a licence-holder. The writing on foot of which the suit was filed purports to have been executed by the defendant as gumashta of one Nand Kishore. The defendant pleaded, inter alia, that as he was acting as an agent for Nand Kishore he was not personally liable. Two preliminary i...
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2003ACJ121
C.K. Thakker, C.J.1. An important question of law has been raised by the petitioners in this petition as to interpretation of Sub-section (7) of Section 8 of the Workmen's Compensation Act, 1923 (hereinafter referred to as 'the Act').2. The petitioners filed Claim Petition No. 22 of 2000, before the Commissioner, Workmen's Compensation, (SDM), Nalagarh, District Solan. The case of the petitioners in the claim petition was that one Santosh Kumar, who was working with respondent No. 2 died in an accident arising out of and during the course of employment. The claim petition was allowed and the claimants were awarded compensation in accordance with law vide award dated 26.6.2000. The respondent No. 1 Commissioner awarded Rs. 2,26,380 along with interest at the rate of 12 per cent per annum from the date of the award till the realisation of the amount. It is not in dispute by and between the parties that the award has become final and no appeal or any other proceedings have been initiated ...
Tag this Judgment!Court : Himachal Pradesh
1. State has appealed against the judgment dated 10th March, 2006 of learned Special Judge, Kullu, whereby respondents Inderjeet Singh and others, who were charged with offences, under Sections 420, 467, 468, 471 & 120-B of the Indian Penal Code, and Section 13(2) of the Prevention of Corruption Act, have been acquitted. 2. Respondent L.V. Upadhaya was posted as Assistant Engineer at Koksar in Lauhal & Spiti District, in the year 1995. Respondent Inderjeet Singh was working as Junior Engineer under him, during that year. Other two respondents, namely Om Parkash and Balbir Singh were also working under him, as Supervisors. Respondent Om Parkash was a regular Supervisor, while respondent Balbir Singh was daily-waged Supervisor. 3. In the months of August and September, there were unprecedented rains in Lauhal valley of Lauhal and Spiti District. Koksar is in Lauhal valley. As a result of those rains, a link road, known as Mooling-Burdul-Sipting, which is about five kilometers in ...
Tag this Judgment!Court : Himachal Pradesh
1. Learned trial Court has convicted and sentenced the respondent in Police Challan No.2-2 of 2007, on 6.10.2010 till rising of the Court and to pay a fine of ` 3,000/- for the offence punishable under Section 420 of the Indian Penal Code. State filed the instant appeal under Section 377 of the Code of Criminal procedure, for enhancement of the sentence against the respondent. 2. Notice of enhancement was issued. The respondent has filed his reply. He did not challenge his conviction, but submitted that he is leading a noble life now. He has two minor daughters and is earning his livelihood by honest means. 3. Heard and gone through the record. 4. Precisely, the case of the prosecution is that on 7.9.2006, at about 10.00 A.M., complainant PW1 Sarla Devi was alone at her residence. Respondent came to her residence for the purpose of selling Pitambri powder and told her that this is used for brightening the vessels. She asked him to give one packet, but he refused on the pretext that it ...
Tag this Judgment!Court : Himachal Pradesh
Dharam Chand Chaudhary, J. Challenge in these appeals is to the judgment dated 8.12.2008, passed by learned Additional Sessions Judge, Sirmaur District at Nahan, in Sessions Trial No. 20-N/7 of 2007, convicting and sentencing thereby the appellant (in Cr. Appeal No.40/2009), hereinafter referred to as accused No.1, to undergo rigorous imprisonment for life and to pay a fine of Rs.15,000/- under Section 302 IPC and in default of payment of fine to undergo further imprisonment for a period of one year; whereas acquitting the respondent (in Cr. Appeal No. 290 of 2009), hereinafter referred to as accused No.2, of the charge under Section 302 of the Indian Penal Code read with Section 34 IPC, by giving him benefit of doubt. 2. The occurrence having taken place on 23.7.2007 in broad daylight around 3.30 p.m. in village Sawana, Tehsil Rajgarh, District Sirmaur, has taken away a precious and valuable human life as the victim, Naresh Kumar succumbed to stab injuries he received on vital part of...
Tag this Judgment!Court : Himachal Pradesh
Surjit Singh, J.1. Appellant Man Bahadur has appealed against the judgment dated 18th May, 2006 of learned Sessions court, whereby he has been convicted of an offence, punishable under Section 302 Indian Penal Code and sentenced to undergo imprisonment for life and to pay a fine of Rs. 5000/-, in default of payment of fine to undergo imprisonment for a further period of three months.2. Appellant was working as labourer in the area of village Kiar-kothi, Tehsil Kotkhai District Shimla. Deceased Padam Bahadur Thapa was employed in the area of same village with PW-4 Kehar Singh. Deceased had been provided a temporary shelter (Dhara) comprising of one room for his stay. Deceased along with his wife Dilma Thapa (PW-3) used to live in that Dhara. Appellant and his wife Tara also started living with the deceased and his wife in the said Dhara. Appellant developed a suspicion that the deceased had been having illicit intimacy with his wife Tara. On 27th June, 2004, deceased, appellant and Tara...
Tag this Judgment!Court : Himachal Pradesh
Surinder Singh, J.1. The appellant was convicted under Section 307 of the Indian Penal Code, for attempt to commit murder of PW2 Subhash Chand and also causing simple hurt to him and further under Section 324 of the Indian Penal Code for causing sharp edged injuries to PW1 Sanjay Kumar, therefore, he was sentenced to undergo imprisonment as under:Offence under Section SentenceUnder Section 307 I.P.C. Rigorous Imprisonment for a period of five years and topay a fine of Rs. 10,000/- and in default of payment offine, further imprisonment for a period of one year.Under Section 323 I.P.C. No separate sentence has been passed, as the offencehas been committed during the offence under Section307 IPC.Under Section 324 I.P.C. Rigorous Imprisonment for a period of two years and topay a fine of Rs. 5,000/- and in default of payment offine, further imprisonment for a period of six months.All the sentences were ordered to run concurrently. Feeling aggrieved, instant appeal has been filed by the app...
Tag this Judgment!Court : Himachal Pradesh
Reported in : 1979CriLJ1176
H.S. Thakur, J.1. The learned Additional Sessions Judge, Kangra Session Division, at Dharamsala has convicted the appellants for the offences under Sections 307/34, 451/34, 398/34 and 323/34 I.P.C. and has sentenced them for the said offences. Aggrieved by the said order and judgment of the learned Additional Sessions Judge, they have preferred this appeal to this Court.2. Briefly, the facts of the case are that on the evening of 31st May, 1978 at about 7 or 7.30 P. M. Shri Lachhman Dass complainant (PW 3) and Anil Kumar (PW. 1) were sitting in their shop in village Chamrara, when the appellant Rup Kishore and another person who was standing at some distance, demanded a bundle of Biri and Anil Kumar handed over the same and received Us price. It is stated that at that time the sun was setting and there was sufficient light. Thereafter, Anil Kumar is stated to have gone to take his meal and the 4 accused persons headed by Rup Kishore appellant again came to the shop premises. At that ti...
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