Uttaranchal Court April 2013 Judgments
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Ramesh Ram Vs. State of Uttarakhand
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...
Pala and Others Vs. State of Uttarakhand
Court: Uttaranchal
Decided on: Apr-30-2013
U.C. Dhyani, J. A complaint was written by victim Naheeda Nasreen, on 06.06.1997, to Station Officer, Kankhal, District-Haridwar, as regards offences punishable under Sections 363, 376 and 511 of I.P.C. The occurrence took place on the self same day at 00.30 p.m. (12:30 p.m.). According to complaint, when the victim was going to Haridwar in a bus on 05.06.1997 during day hours, accused Pala sat by her side. He got her alighted from the bus at Kankhal. Pala took her to the house of one Rafal Singh in village Jageetpur. She was served with eatables. Sukkar tried to sexually assault her. She (victim) started weeping. Rafal and Pala scolded her. She cried. The village Chaukidar and two constables came and rescued her. They arrested Rafal, Pala and Sukkar and took them to the police station concerned. The first information report was lodged within a space of 1:30 hours by Naheeda Nasreen. 2) The criminal law was set into motion on the basis of said first information report. The victim was m...
Devendra Agarwal and Another Vs. State of Uttarakhand
Court: Uttaranchal
Decided on: Apr-17-2013
U.C. Dhyani, J. One Sarla Thapa, with whom victim Rita used to reside since her childhood, wrote a missing report to Police Chowki Dakpathar, Dehradun mentioning therein that Rita (victim) left her house on 14.02.1999, at 7.00 P.M. to an unknown destination without informing her (Sarla Thapa). The said missing report (Ex. Ka3) was given on 25.02.1999. 2) The victim was recovered on 22.12.1999, from the house of one Sunil Mamgain. A recovery memo (Ex-Ka1) regarding the same was prepared by the police. She was produced before the Additional Judicial Magistrate, Dehradun and her statement was recorded under Section 164 Cr. P.C. on 1.04.2000. She was medically examined by the Medical officer on 23.12.1999. No mark of injury was seen over her private parts. Vaginal smear was taken for histopathological examination. There was an old operation mark on her right side of abdomen. She was sent for X-ray, for determination of her age (Ex. Ka6). In the supplementary report (Ex.Ka7), the Medical Of...
Chandrapal Singh Vs. State of Uttarakhand
Court: Uttaranchal
Decided on: Apr-16-2013
Alok Singh, J. 1. Appellant has filed present appeal assailing judgment and order dated 28.05.2010 passed by Sessions Judge, Haridwar in Sessions Trial No. 379 of 2009 whereby learned Sessions Judge has found the appellant guilty for an offence punishable under Section 376 IPC and has sentenced him to undergo imprisonment for life and to pay fine of Rs. 5,000/- for an offence punishable under Section 376 IPC. 2. Brief facts of the present case, inter alia, are that PW1 lodged a report with police station Ranipur, Haridwar to the effect that in his house appellant was residing as a tenant and in the morning of 07.10.2009 at about 09.30 a.m., while he was busy in the household work and his wife was busy in washing clothes, appellant came and offered a toffee to his daughter aged about 1 year and after taking her daughter in his lap, accused appellant went to his room. After some time, his daughter started crying; having heard the cry, he and his wife PW2 rushed towards the room of appel...
Phool Chandra and Another Vs. State of Uttarakhand and Another
Court: Uttaranchal
Decided on: Apr-16-2013
Alok Singh, J. 1. Since both the appeals have been preferred against the same judgment and order dated 29.07.2008 passed by Additional Sessions Judge / 1st FTC, Dehradun in Sessions Trial No. 17 of 2007 whereby accused Phool Chand was found guilty for the offences punishable under Section 396, 201 IPC and sentenced to undergo life imprisonment and to pay fine of Rs. 10,000/-, failing which to undergo six months additional rigorous imprisonment for the offence punishable under Section 396 IPC; sentenced to undergo 3 years rigorous imprisonment and to pay fine of Rs. 5,000/-, failing which to undergo three-months additional rigorous imprisonment for the offence punishable under Section 201 IPC, so both the appeals are being disposed of by this common judgment. 2. As per the content of FIR lodged by PW1 Saroj Bala, on 25.11.2002, when she went to meet his brother Mukesh, at his residence situated at 26, Aadhat Bazar, Dehradun, she found his shop locked; she made inquiry from PW3 Surendra,...
Manoj Tamta Vs. State of Uttarakhand
Court: Uttaranchal
Decided on: Apr-16-2013
Alok Singh, J. 1. Appellant, by way of the present Appeal, is assailing the judgment and order dated 30.09.2008 passed by District and Sessions Judge, Udham Singh Nagar in Sessions Trial No. 144 of 2007, whereby learned Sessions Judge has found the appellant guilty for offence punishable under Section 304B of the Indian Penal Code and sentenced him for life imprisonment and to pay a fine of Rs. 10,000/-. In default of payment of fine, appellant was directed to further undergo additional imprisonment of six months. Appellant has been further sentenced to undergo rigorous imprisonment for six months and to pay a fine of Rs. 1,000/- under Section 3/4 of the Dowry Prohibition Act. In default of payment of fine, he has been further directed to undergo additional imprisonment for one month. 2. Brief facts of the case, inter alia, are that the appellant got married with Rekha daughter of Govind Prasad (PW1), on 21.5.2005; both of them were residing in a rented accommodation belonging to Tara ...
Ram Kumar @ Raj Kumar Vs. State of Uttarakhand
Court: Uttaranchal
Decided on: Apr-16-2013
Servesh Kumar Gupta, J. This appeal, preferred u/s 374(2) of the Code of Criminal Procedure, 1973, is directed against the judgment and order dated 08.06.2011 rendered by learned Sessions Judge, Pauri Garhwal in S.T. No.41 of 2010, State Vs. Ram Kumar @ Raj Kumar, whereby the appellant has been convicted u/s 376 of the Indian Penal Code and sentenced to undergo imprisonment for life with fine of Rs.5,000/-, in default of which, one years additional simple imprisonment was awarded. He was further convicted u/s 354 IPC and sentenced to undergo one years R.I. with fine of Rs.1,000/-, in default of which two months additional simple imprisonment was awarded. Appellant/accused was further convicted u/s 506 IPC and sentenced to undergo one years R.I. with fine of Rs.1,000/-, in default of which, two months additional simple imprisonment was awarded. All the sentences, except the sentences in lieu of fine, were directed to run concurrently. 2. Facts of the case are that Km. Kiran and Km. Yami...
Smt. Bichuli Devi Vs. State of Uttarakhand
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...
VipIn Verma @ Babla Vs. State of Uttarakhand and Another
Court: Uttaranchal
Decided on: Apr-10-2013
U.C. Dhyani, J. Oral: 1. By way of this writ petition under Article 226 of the Constitution of India, the petitioner seeks to issue a writ in the nature of certiorari to quash the first information report dated 13.12.2012 in case crime no. 402 of 2012 under Section 2/3 of the U.P. Gangsters and Anti Social Activities (Prevention), Act, 1986 pertaining to police station Kotwali City, District Dehradun, lodged against the petitioner. 2. The Gang Chart on the basis of which the impugned first information report was lodged against the petitioner is indicated herein below : i. Case crime No. 331 of 2012, under Sections 356, 411, 420, 467, 471 IPC, PS Kotwali, District Dehradun. ii. Case crime no. 82 of 2004, under Sections 356 and 411 IPC, PS Gang Nahar, Roorkee, Hardiwar. iii. Case Crime no. 74 of 2004, under Sections 356 and 411 IPC, PS Gang Nahar, Roorkee, Haridwar. iv. Case crime No. 277 of 2007, under Section 307 IPC, PS Kotwali, Roorkee, District Haridwar. v. Case crime No. 280 of 200...
Dablu Singh @ Dampi and Another Vs. State of Uttrakhand
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...
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