Court : Himachal Pradesh
..... broken, which were taken into possession. police also took finger prints for analysis. 3. the complainant expressed his suspicion on a nepali, named budhi singh respondent who was running a 'rehri' (tea stall) in the front of his house, since nepali was not seen in an around and his 'rehri' was also not there. 4. thereafter, police arrested accused budhi singh. during .....
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
..... section 49 of the act, it has been stated that the accused was born on 17.7.1994 in tihri gharwal in uttrakhand. the father of the accused is a nepali migrant labourer. in these circumstances, the petitioner was never admitted in any school in india nor is there any documentary evidence with respect to his age. it is further pleaded .....
Tag this Judgment!Court : Himachal Pradesh
V.K. AHUJA, J. 1. This is an appeal filed by the appellant against the judgment of the Court of learned Sessions Judge, Solan, dated 23.10.2003, vide which the appellant has been held guilty under Sections 376 and 366 and 363 I.P.C. and sentenced as under:- “(i) To undergo Rigorous imprisonment for a period of five years and to pay a fine of Rs.5000/- under section 366 of the Indian Panel Code and in default of making the payment of fine he shall further undergo a simple imprisonment for a period of one year, AND (ii) The convict aforesaid is also sentenced to undergo Rigorous imprisonment for a period of 7 year for the offence of rape punishable under Section 376 IPC and to pay a fine of Rs.10,000/- and in default of payment of fine aforesaid he shall further undergo simple imprisonment for a period of one year.” No separate sentence was passed by the learned trial Court under Section 363 I.P.C. observing that it has merged in the sentence imposed under Section 366 I.P.C. ...
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2012CrLJ332(NOC)
..... be set off under section 428 cr.p.c., hence the present appeal. 2. precisely, the facts giving rise to the present appeal can be stated thus. the prosecutrix- a nepali and her husband pw1 chinda a local resident are agriculturist residing in remote area of chamba. they have reared about 20-25 goats and have few cattle heads. the prosecutrix .....
Tag this Judgment!Court : Himachal Pradesh
V.K. Ahuja, J. 1. This is an appeal filed by the State of H.P. under Section 378 Cr.P.C. against the judgment of the Court of learned Additional Sessions Judge, Mandi, dated 23.12.2003, vide which he acquitted the respondents of the charge framed against them under Section 302 read with Section 34 of I.P.C. 2. Briefly stated, the facts of the case are that on 16.8.2001, at 9.30 a.m., a telephonic message was received at Police Station Sadar, Mandi, that one Parvinder resident of village Alothi has been murdered and police should come and investigate. This information was recorded vide rapat No. 3 dated 16.8.2001. S.H.O. alongwith other police officials proceeded to the spot. He thereafter recorded the statement of Kaushalya Devi, mother of the deceased, in which she had stated that her husband is already dead and she has two sons, namely Parvinder, now deceased and Mohinder, respondent and third her step son Jageshwar, respondent. It was alleged that all the three brothers were living ...
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
Reported in : 2006(2)ShimLC412
Surjit Singh, J.1. The decision of this writ petition depends upon the answering of the following questions:1. Is it permissible to a department or an instrumentality of the State which invites tenders for any work/job to award the work/job by following some guidelines/rules/regulations assumed to be applicable to that department/instrumentality, which in fact are not, and to which there is no reference, even implicit, in the notice inviting tenders?2. Whether a provision in the Regulations for revision of the rates quoted in the tender by means of sealed or unsealed cover or in the form of an open letter placed in the tender box or if received by post deposited in the tender box by the Administrative Officer/Office Superintendent, is unreasonable, arbitrary, unfair and hence violative of Article 14 of the Constitution of India?2. First the relevant facts may be noticed. Chief Engineer, Project Deepak, Minto Court, Shimla, respondent No. 2 herein, invited tenders through notice for han...
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2007(1)ShimLC224
ORDERIn pursuance of Sub-rule (1) 5 of the Central Civil Services (Temporary Services) Rules, 1965, I hereby give notice to Sh. Ram Singh, Volunteer Teacher, Government Primary School Chawai, (Block Deha) Tehsil Theog, District Shimla that his services shall stand terminated with effect from the date of expiry of a period of one month from the date on which this notice is served on him.Sd/-Distt. Primary Education Officer Shimla, District Shimla-171002Endst. No. even Dated: Shimla-2 the Sept. 1999Copy forwarded to:1. The Director of Primary Education, H.P. Shimla-1 w.r.t this letter No. EDN- H(Pry)(II)6/98 (Comp) dated 9.9.99 for information.2. The Block Primary Education Officer, Deha, with the direction that the salary of Sh. Ram Singh, V.T. up to date of service rendered by the said teacher may be released and paid to him accordingly.3. Sh. Ram Singh, V T GPD Chowai, through Block Primary Education Officer, Deha.4. Guard file.Sd/-Distt. Primary Education Officer, Shimla, District Sh...
Tag this Judgment!