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...
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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. Acquittal of the respondent under Sections 420, 467, 468 and 471 Indian Penal Code has been challenged by the State in this appeal.2. Heard and gone through the record.3. Precisely, facts giving rise to the present appeal can be stated thus. Respondent is alleged to have got himself nominated to the Engineering College against State Government quota through a fake certificate of bonafide Himachali, in the Engineering College whereas he was not a Himachali but a resident of village Kulwa District Aligarh U.P.4. Himachali students, who were in the said Engineering College, got suspicious about the antecedents of some of the students who claimed themselves to be the bonafide Himachali as such, a complaint was made to the Chief Minister of the State of H.P. which was marked for inquiry vide letter No. Secy/CM-22/87-C-III (Misc.) F.U dated 25.2.1987. The inquiry was conducted. No such nomination of such student was found to have been made by the State Government to the ...
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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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R.B. Misra, J.1. The present Criminal Appeal has come up for adjudication after the grant of leave to appeal under Section 378(3) of the Code of criminal Procedure, in reference to the judgment dated 26.4.1995 passed by the Learned Sessions Judge, Sirmour, District at Nahan, H.P. in Sessions trial No. 6-N/7 of 1995, under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short called as ND & PS 'Act'), acquitting the alleged accused/respondent.2. In order to adjudicate the present appeal, it is necessary to give the factual background of the case, that on 5.11.1994, Tersem Lal, SHO formed a police party comprising of Head Constable Tapinder Singh and constables Irshad Ahmad, Man Singh and Jangbir. They reached a place, known as Nai Neti, and observed that a bus was coming from Pul-Bahal side intended to go for Solan. The bus was stopped and the police party boarded the bus from the front door and started checking. One person alighted from the rear door of the b...
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..... 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 .....
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1. The petitioner has prayed that the respondents may be directed to give the benefit of approved military service to the petitioner towards his seniority as per Demobilized Armed Forces Personnel (Reservation of Vacancies in the Himachal State NonTechnical Services) Rules, 1972. The order dated 5.3.2004 Annexure A-5 denying the TTA/joining time to the petitioner may be set aside and the petitioner be held entitled to TTA/joining time. The respondents may be directed to release the salary of the petitioner from the months March, April, 2004 continuously. The respondents may be directed to allow medical reimbursement claim of about `6,000/- submitted by the petitioner to respondent No.4 between January, 2002 to March, 2004. Abrupt stoppage and withholding of sterilization increment from March, 2004 may be declared illegal and the respondents may be directed to release sterilization increment to the petitioner from 7.6.2000 to May, 2000 and from March, 2004 onwards along with arrears. 2....
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1. This appeal is directed against the judgement dated 7.5.1999 passed by the learned Sessions Judge, Solan, in Sessions Trial No. 28-S/7 of 1998 whereby he acquitted the accused of having committed offences punishable under Sections 363, 366, 376, 368 IPC read with Section 34 IPC. 2. Briefly stated the case of the prosecution is that PW-2 Devinder Chopra is a retired Navel Officer. His wife retired as a lieutenant from the Military Nursing Service. After retirement they had settled at Chandigarh. There they adopted the prosecutrix when she was only about two months old. According to them she was born on 11 th September, 1985. Shri Devinder Chopra has two sons. One at the relevant time was an Admiral in the Indian Navy and the younger one was a Major in the Indian Army. Shri Chopra and his family alongwith the prosecutrix shifted to Parwanoo in the year 1990 when the prosecutrix was about 13 years old. It is alleged that on 12.7.1998 she had gone to attend some tuition, which was to ta...
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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 ...
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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 ...
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