Uttaranchal Court August 2010 Judgments
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Mohd. Ahsan. Vs. State of Uttaranchal.
Court: Uttaranchal
Decided on: Aug-04-2010
1. The challenge in the present appeal is to the judgment and order passed by the trial court thereby convicting the appellant for the offence punishable under sections 302, 392 and 411 of the Indian Penal Code (in short "IPC") and sentencing him to undergo life imprisonment under section 302 IPC and Rs. 5000/- as fine and in default of payment, he has been ordered to undergo further two year simple imprisonment and further sentencing him to undergo two year rigorous imprisonment under section 392 IPC and Rs. 2000 as fine, and in default of payment, he has been ordered to undergo further six month simple imprisonment. Both the sentences have been ordered to run concurrently.2. The criminal law was set in motion on the written complaint (exhibit Ka-1) submitted by Trilok Singh before Patwari, Patti Madkot. According to complainant, his wife Smt. Kismati Devi and his two sons were living in Modkot. On the occasion of Ashtami, his both sons went to village Paanto and they came back home o...
Soban Singh and Another. Vs. State of Uttaranchal.
Court: Uttaranchal
Decided on: Aug-04-2010
1- This appeal, preferred under Section 374 Cr.P.C., is directed against the judgment and order dated 16.1.1997 passed by Sessions Judge, Nainital, in Sessions Trial No. 102 of 1993, whereby the learned Sessions Judge convicted the appellants under Section 302/34 I.P.C. and sentenced them to life imprisonment.2- Prosecution story in brief is that deceased Surendra Singh, nephew of PW-1 Govind Singh (informant), was having love affairs with Km. Radhika, sister of the accused persons Soban Singh and Bhupal Singh, and because of this affairs accused persons were having grudge with the deceased Surendra Singh. On 5.7.1992 when Surendra Singh along with Km. Radhika went towards the jungle, accused Soban Singh and Bhupal Singh armed with Ballam (spear) came over there at about 10 A.M. and attacked Surendra Singh by means of Ballam. On the alarm the informant and other witnesses reached at the place of occurrence. Surendra Singh died on the spot as a result of injuries caused by the accused p...
Gaurav Mishra, Adv ors. Vs. State of Uttaranchal and anr.
Court: Uttaranchal
Decided on: Aug-03-2010
1. Heard learned counsel for the parties on the applications and perused the record available.2. This criminal petition, moved u/s 482 of the Code of Criminal Procedure, 1973 (hereinafter to be referred as Cr.P.C.), is directed for quashing the proceedings of Criminal Case No.2105 of 2008, State v. Gaurav Mishra & others, U/s 323/504/506/498-A IPC and 3/4 Dowry Prohibition Act, pending before Addl. CJM-II, Dehradun.2. A compounding application No.842/2010 has been filed on behalf of the petitioner no.1 and complainant/ respondent no.2 along with which the respective affidavits of the parties have also been filed. In those affidavits, common averments have been made to the effect that the petitioner no.1-Gaurav Mishra and respondent no.2-Smt. Abha Mishra, who were the parties to the matrimony, have decided to settle their matrimonial disputes and, therefore, they entered into a compromise and now they are living happily together on their own volition. It is also stated by the respondent...
Chandan Singh Mehra S/O Shri Deewan Singh MehrA. Vs. State of Uttarakh ...
Court: Uttaranchal
Decided on: Aug-03-2010
1. This appeal , preferred under section 374 of Code of Criminal Procedure, 1973, (for short Cr.P.C) is directed against the judgment and order dated 08.02.2010, passed by learned Sessions Judge, Champawat, in Sessions Trial No. 03 of 2008, whereby appellant Chandan Singh has been convicted under section 306 of Indian Penal Code, 1860 (for short IPC), and sentenced to rigorous imprisonment for a period of 10 years and also directed to pay fine of Rs. 5,000/-.2. Heard learned counsel for the parties and perused lower court record.3. Prosecution story in brief is that PW1 Jagannath Singh, complainant, is resident of Kulial Gaon, Patwari Circle Saal, District Champawat. He got his daughter Kamla married to accused/appellant Chandan Singh Mehra in February 2006. Since the marriage was against the wishes of parents of accused/appellant Chandan Singh Mehra, he (Chandan Singh Mehra) started living with his wife in Village Kulial Gaon. Out of the wed-lock one daughter born. On 4th of August 20...
Govind S/O Chandra Bahadur Chhetri. Vs. State of U.P. (Now State of Ut ...
Court: Uttaranchal
Decided on: Aug-03-2010
1. This appeal, preferred under Section 374 of the Code of Criminal Procedure, 1973 (hereinafter referred as Cr.P.C.), is directed against the judgment and order dated 05.04.1997 / 07.04.1997, passed by First Addl. Sessions Judge, 1. 1. 1. Dehradun, in Sessions trial No. 192 of 1995, whereby appellant Govind is convicted under Section 354, 457 of the Indian Penal Code, 1860 (hereinafter referred as I.P.C.). The said court sentenced the accused / appellant to rigorous imprisonment for a period of one year under Section 354 of I.P.C., and rigorous imprisonment for a period of two years, and also directed to pay fine of Rs. 500/- under Section 457 of I.P.C. However, it is further directed by the trial court that if the appellant furnished a personal bond of Rs. 5,000/- and two sureties, each of like amount, for his conduct for a period of two years, he shall be released under Probation of Offenders Act, 1958.2) Heard learned counsel for the parties and perused the lower court record.3) Pr...
Neeraj Bansal. Vs. State of Uttaranchal and anr.
Court: Uttaranchal
Decided on: Aug-03-2010
1. This criminal application, preferred u/s 482 of the Code of Criminal Procedure, 1973 (hereinafter to be referred as Cr.P.C.), is directed for quashing the order dated 12.8.2005 and also to quash the charge sheet and the entire proceedings in Criminal Case No.1355 of 2005, State Vs/ Devendra Kuksal & others, U/s 420/467/468/471 IPC & 4/10 of the U.P. Protection of Trees Act 1976 {hereinafter to be referred as the Act }, pending before J.M.-I, Dehradun.2. Heard learned counsel for the parties and perused the material on record.3. In brief, the facts of the case are that on a complaint of illegal possession of the Municipality land and on being inspected, a bridge was found being constructed over the land of Municipality over culvert. The work was stopped immediately and when the revenue records were inspected it was found that in the name of petitioner, a land bearing Khasra No.44-Ka 01.34 hect., having transferable rights, was registered. It was also stated that the petitioner had ap...
Chetan, and ors. Vs. State of Uttaranchal and ors.
Court: Uttaranchal
Decided on: Aug-03-2010
1. This is an application moved u/s 482 of The Code of Criminal Procedure, 1973 (hereinafter to be referred as Cr.P.C.) for quashing the orders dated 17.3.2005 and 20.4.2005 passed by the First Additional Civil Judge (J.D.)/J.M. Rudrapur, US Nagar in Crl. Case No.146/2005 and the order dated 28.5.2005 passed by the Sessions Judge, US Nagar in Criminal Revision No.17 of 2005. Heard learned counsel for the parties and perused the entire material on record.2. In brief, the facts of the case are that Respondent No.3-Raju Joshi lodged an FIR on 15.7.2003 at PS Sitarganj, Distt. US Nagar against the petitioners U/s 380 IPC for the theft of his revolver, on the basis of which a case crime No.259/2003 against the petitioners was registered. Thereafter, the matter was investigated by I.O. and after completing the investigation, he filed the Final Report in favour of the petitioners. Against the said order, the complainant moved a protest petition. Thereafter, vide order dated 17.3.2005, learned...
Girish Chandra Sharma, and ors. Vs. State of Uttaranchal and ors.
Court: Uttaranchal
Decided on: Aug-03-2010
1. This criminal application, preferred u/s 482 of the Code of Criminal Procedure, 1973 (hereinafter to be referred as Cr.P.C.), is directed for quashing the charge sheet and also the entire proceedings in Criminal Case No.2641 of 2006, U/s 323/506/498-A IPC & 3/4 Dowry Prohibition Act [hereinafter to be referred as the Act], pending before J.M., Haldwani.2. Heard learned counsel for the parties and perused the material on record.3. In brief, the facts of the case are that the respondent no.2 Smt. Kamlesh Sharma lodged an FIR with the averments that petitioner Girish Chandra Sharma (Samdhi of complainant) proposed for marriage of complainant's daughter with the petitioner Saurabh Aggarwal, S/o Pawan Kumar Aggarwal (petitioner), which was accepted by the complainant. On 14.4.2005 engagement ceremony was solemnized in which the complainant gave money to the relations of her in-laws. After the engagement, the petitioner Saurabh took Rs.60,000/- at different times from her daughter Nidhi. ...
Naresh, and ors. Vs. the State of Uttaranchal.
Court: Uttaranchal
Decided on: Aug-02-2010
1. This appeal, preferred by the appellants u/s 374(2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as Cr.P.C.), is directed against the judgment and order dated 23.2.1998 passed by the Additional Sessions Judge, Roorkee in Sessions Trial No. 188 of 1995, State v. Naresh & Ors., whereby each of the accused appellants, viz., Naresh, Kalwa, Smt. Bimla, Suresh and Smt. Sommi have been convicted under Section 498-A, 304-B and 201 of Indian Penal Code, 1860 (for short, IPC) and each of them has been sentenced to R.I. for 3 years along with fine of Rs. 500/- each u/s 498A IPC, in default to undergo two months additional R.I., 10 years R.I. u/s 304-B IPC and 2 years R.I. along with fine of Rs. 500/- each, in default to undergo two months additional R.I. u/s 201 IPC. All the sentences have been directed to run concurrently. However, co-accused Rupa died during the period of trial and hence, trial against her was abated by the trial court vide order dated 22.1.1998.2. The pr...
Sahezad @ Azad, and ors. Vs. the State of Uttaranchal.
Court: Uttaranchal
Decided on: Aug-02-2010
1. Since all the above four appeals arise out of the same judgment and order and similar question of fact of law is involved, they are being decided by this common judgment.2. All the appeals arise out against the common judgment and order 17.8.2009 passed by Additional Sessions Judge/1st F.T.C. Roorkee, District Hardwar, in Sessions Trial No. 128 of 2003, State vs. Sahezad & others and Sessions Trial No. 129 of 2003, State vs. Sahezad, whereby the learned Sessions Judge convicted accused/appellants Sahezad @ Azad, Galib and Talib under Section 302 I.P.C. The Sessions Judge while convicting the said accused/appellants under Section 302 I.P.C. sentenced them to undergo life imprisonment and fine of Rs.5,000/- each and in default of payment of fine they were directed to further undergo rigorous imprisonment for one year each. Accused Sahezad has further been convicted under Section 25 Arms Act and has been sentenced to undergo three years' rigorous imprisonment and fine of Rs.1,000/- and...
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