Court : Himachal Pradesh
Reported in : (2009)IIILLJ719HP,2009(1)ShimLC291
Rajiv Sharma, J.1. Brief facts necessary for the adjudication of this petition are that the disciplinary proceedings were initiated against the petitioner on 27.2.1996. He was directed to file reply to the charge-sheet within a period of 15 days. He made a representation to the Deputy General Manager (Disciplinary Authority) on 21.3.1996 brining to his notice that the criminal case on the same facts was pending in the Court of the Chief Judicial Magistrate, Mandi in a case titled as State v. G.R. Bhatia and the present proceedings be deferred. The request made by the petitioner was turned down and he was granted 20 days further time to file the reply to the charge-sheet. He again brought to the notice of the disciplinary authority that till the pendency of the criminal case pending in the Court of the Chief Judicial Magistrate, Mandi the disciplinary proceedings be deferred vide communication dated 27.6.1996. The Disciplinary Authority appointed Sh. P.S. Saluja, Senior Manager as Inqui...
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2009(2)ShimLC203
..... patrolling duty alongwith other police officials in banjar area. at about 2.30 p.m. when the police party reached one k.m. from sidhwan, they noted the appellant, a nepali, carrying a polythene bag in his hand, who on seeing the police party travelling in the vehicle threw the bag on the road which he was carrying and started running ..... requirement of law to associate the independent witnesses in a case of chance recovery. the police has no malice or ill-will against the appellant. he happens to be a nepali and was found alone alongwith polythene packet which was thrown by him on seeing the police on the spot itself shows that he had the knowledge as to what he .....
Tag this Judgment!Court : Himachal Pradesh
Rajiv Sharma, J. 1. The husband of the petitioner Sh. Inder Singh was appointed as a Driver in the respondent-corporation on 8.12.1987. A notice was issued to Sh. Inder Singh on 11.2.1999 whereby the appointing authority had come to a conclusion that he was not a fit person to be retained in the service of the corporation and penalty of removal was proposed. He was granted 15 days time to submit his representation. He filed reply/representation on 5.3.1999. He was removed from the service of the respondent- corporation vide office order dated 25.4.2000. He preferred an appeal against the same on 29.7.2000 and as per the averments contained in the petition it was rejected on 9.4.2001. 2. Ms. Ranjana Parmar, Advocate has strenuously argued that late husband of the petitioner Sh. Inder Singh could not be removed without holding regular inquiry under Rule 14 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965. She also contended that Sh. Inder Singh was permanent...
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V.K. Ahuja, J.1. This judgment shall dispose of four appeals arising out of the judgment passed by the learned Additional Sessions Judge (Fast Track Court), Una, dated 19.2.2004. Cr.Appeal No. 299 of 2004 has been filed by the State under Section 377 of the Code of Criminal Procedure for enhancement of sentence awarded to accused Ravinder Singh and Balwinder Singh by the learned trial Court. Cr.A. No. 477 of 2004 has been filed by the State under Section 378 of the Code Criminal Procedure against the acquittal of accused/respondent Naresh Kumar Kaushal of the offence punishable under Section 212 of the IPC. Cr.Appeals No. 322 of 2004 and 323 of 2004 have been preferred by the appellants Ravinder Singh and Balwinder Singh, respectively, under Section 374(2) of the Code of Criminal Procedure against the judgment of the learned trial Court, vide which both of them were convicted and sentenced as under:Under Section 366 read with Rigorous imprisonment for 10Section 34 of the IPC: years and...
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2009(2)ShimLC411
..... 1994 whereby he acquitted the accused of having committed an offence punishable under section 376 ipc.2. the prosecution story in brief is that one bimla devi, who is a nepali, was residing in a hut at ghera near gaj project site alongwith her husband man bahadur. they had three children. one daughter, lovely aged about 5 years, younger daughter (name .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2009(2)ShimLC474
Surjit Singh, J.1. Appellant Raj Kumar is aggrieved by the judgment, dated 29th November, 2005, of the Sessions Court, whereby he has been convicted of offence, under Section 302 of the Indian Penal Code, and sentenced to undergo imprisonment for life and to pay a fine of Rs. 20,000/-, in default of payment of fine to undergo simple imprisonment for a further period of three months. So, he has preferred this appeal.2. Case of the prosecution may be summed up thus. On the night intervening 15th and 16th October, 2003, around 2.20 p.m., a telephonic call was received at Police Station, Talai, District Bilaspur. The caller did not disclose his particulars, but informed that Raj Kumar son of Budhi Singh, resident of Kalol, had been stabbed, with a knife, in the bazaar of village Kalol and he was lying unconscious and the police should reach and take appropriate action. The call was attended by PW-16 ASI Ram Nath. Entry was made in the Rojnamcha, copy of which is Ex. PW-15/A. Upon that a po...
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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,...
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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...
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Surjit Singh, J.1. These three appeals, particulars whereof appear in the title of the judgment, are being disposed of by a common judgment, as all of them are directed against the same judgment, i.e. judgment dated 22nd August, 2008, of learned trial Court, whereby appellants Deepak Kumar, Gopal Dass (appellants in Cr.A No. 498 of 2008), Simone Nobili and Angelo Falcone (appellants in Cr.A No. 550 of 2008), who were charged with and tried for an offence, under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985, for allegedly jointly possessing 20 kgs Charas, have been convicted and sentenced to undergo rigorous imprisonment for ten years and to pay fine of Rs. 1,00,000/- each, in default of payment of fine to undergo rigorous imprisonment for a further period of two years, each.2. Besides the aforesaid two appeals by the convicts-appellants, an appeal, i.e. Cr. Appeal No. 658 of 2008, has been filed by the State for enhancement of sentence awarded to the convicts-a...
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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...
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