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...
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