Court : Uttaranchal
Decided on : Apr-06-2013
..... was also made by lady constable before lodging her in police lock up. he says that from appellant heera bahadur rs.4500/- and nepali currency of denomination 1010 were recovered and from appellant dhan kumari rs.2080/- and nepali currency of denomination 500 were recovered. apart from this, nothing was recovered. if both the persons were traveling in the bus, obviously, both .....
Tag this Judgment!Court : Uttaranchal
Decided on : May-13-2013
U.C. Dhyani, J. (Oral) 1. Present criminal revision was preferred by the accused-revisionist Gyan Chand, against the judgment and order on 09.06.2006, passed by Sessions Judge, Uttarkashi, in criminal appeal no. 14 of 2004, whereby the learned appellate court rejected the appeal of the accused-revisionist and affirmed the judgment and order dated 31.05.2004, passed by learned Judicial Magistrate, Uttarkashi, convicting and sentencing the accused-revisionist under Sections 353 and 504 IPC. 2. One Ashok Kumar Sharma, Culture Jamadar, Gangori Barrier In-charge, wrote a complaint to PS Maneri on 28.09.1999, stating therein that the Gangori Barrier was closed on 27.09.1999 as usual. A taxi bearing registration no. UP-09828 came at 8:35 p.m. Two bags were kept on the rooftop of the taxi. The informant as well as his associate Kripal Singh wanted to check the bags kept on the rooftop of the taxi. Taxi driver refused the request of the forest officials to stop the vehicle. The taxi driver aske...
Tag this Judgment!Court : Uttaranchal
Decided on : Apr-30-2013
U.C. Dhyani, J. 1) Victim Km. Parwati Kapkoti lodged a complaint to Patti Patwari, Lamgarha, District-Almora complaining that the accused Ramesh Ram attempted to commit rape with her. 2) According to the complaint, the victim, on 17.08.2005, went to pasture her goats in the forest of Dabri. At about 2.00 p.m., co-villager Ramesh Ram s/o Ratan Ram came from behind the victim, snatched her dupatta, caught hold of her hands, pressed her breasts and uttered indecent language. She tried to release herself, but the accused caught hold of her, opened her trouser, caught her by her waist and tore her trouser. She raised an alarm. Chandan Singh, who was present in the forest, after hearing the voice of Parwati came there but Ramesh Ram fled away using abusive language. Accused also said that he would kill him the victim, if she disclosed the incident to anybody. Leela Devi, who also had came to the forest, saw the incident. On the basis of such complaint a chik F.I.R. was lodged (Ex.Ka-4) on th...
Tag this Judgment!Court : Uttaranchal
Decided on : Apr-10-2013
Alok Singh, J (Oral). 1. This appeal is preferred by the appellant through Jail Authorities. Mr. Rajendra Singh, Advocate present in the Court, was requested to appear in this case on behalf of the appellant as Amicus Curiae. He had accepted the request of this Court. Paper book was handed over to him in the pre-lunch session. He had agreed to argue the matter after post lunch session. 2. Heard Mr. Rajendra Singh, learned Amicus Curiae for the appellant and Mr. Prabhakar Joshi, Brief Holder for the State. 3. Present appeal has been preferred by the appellant against the judgment and order dated 27.08.2008 passed by Special Sessions Judge, Champwat in Special Sessions Trial No.30 of 2007 whereby learned trial court has held the appellant guilty for the offence punishable under Section 8/20 of the NDPS Act and sentenced her to undergo 10 years rigorous imprisonment and to pay fine of Rs.1,00,000/- and in default, to further undergo 2 years additional imprisonment. 4. Brief facts of the p...
Tag this Judgment!Court : Uttaranchal
Decided on : Apr-08-2013
Praffulla C. Pant, J. (Oral) This appeal, preferred under section 374 of the Code of Criminal Procedure, 1973 (for short CrPC), is directed against the judgment and order dated 21.10.2011/22.10.2011, passed by the Additional Sessions Judge/FTC, Kashipur, District Udham Singh Nagar in Sessions Trial No. 204/2004 and Sessions Trial No. 204A/2007, whereby the said Court has convicted the accused appellants Dablu Singh alias Dampi and Michel Masih for the offences under Section 302 read with Section 34 IPC and sentenced each one of them to imprisonment for life and directed to pay fine of Rs.5,000/- each. Accused appellants have been further convicted for the offence punishable under Section 411 IPC and each one of them has been sentenced to undergo rigorous imprisonment for a period of two years on that count. Accused appellants have also been convicted for the offence punishable under Section 404 IPC and each one of them has been sentenced to undergo rigorous imprisonment for a period of...
Tag this Judgment!Court : Uttaranchal
Decided on : Apr-03-2013
Alok Singh, J. (Oral) 1. Present appellant, by way of present appeal, is assailing judgment and order dated 05.11.2011, passed by Sessions Judge, Udham Singh Nagar in Sessions Trial No. 157 of 2010 whereby learned trial court has found the appellant guilty for the offences punishable under Sections 363, 366 and 376 IPC and has sentenced him to serve rigorous imprisonment for a period of five years for an offence punishable under Section 363 IPC; to serve rigorous imprisonment for five years for an offence punishable under Section 366 IPC; and to serve rigorous imprisonment for a period of seven years for an offence punishable under Section 376 IPC with the stipulation that all the sentences shall run concurrently. 2. The brief facts of the present case, inter alia, are on 11.04.2010, PW1 father of the prosecutrix has lodged a report with the police stating therein that on the previous evening of 10.04.2010, he had gone for labour work while her wife had gone to vegetable market; appell...
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