IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Criminal Appeal No. 76 of 2003 Date of decision: 28.12.2009 State of H.P. Appellant Versus Rakesh Rana Respondent Coram The Hon’ble Mr. Justice Deepak Gupta, Judge. Whether approved for reporting?1 No. For the Appellant: Shri Rajesh Mandhotra, Deputy A.G. For the Respondent: Shri Mukul Sood, vice counsel Deepak Gupta, J(Oral). This appeal is directed against the judgement of the learned Judicial Magistrate Ist Class, Court No.3, Shimla, whereby he had acquitted the accused for the offences punishable under Sections 353 and 332 of the Indian Penal Code. The prosecution story, in brief, is that the complainant Sanjay Kumar was on traffic duty at Tutu Chowk on 23.9.2000. While discharging his duty, he asked the Conductor of Bus No. HP-07-1683 (i.e. the accused) to have his bus moved from the Chowk since it was causing a traffic jam. On this the accused got angry, he caught hold of the complainant by his shoulder and dragged him on the road. In this process the uniform of the complainant got torn. It is also alleged that the accused gave 1 Whether the reporters of the local papers may be allowed to see the Judgment? Yes. beatings to the complainant with kicks and fist blows. The complainant was rescued by Shri Monty and another constable Shri Kamal who was also on traffic duty. The incident took place at about 5.30 p.m. The F.I.R. was lodged at 7.15 p.m. After investigation, challan was filed. The accused pleaded not guilty and claimed trial. He is acquitted and hence, the present appeal. The complainant appeared as PW-1 and has supported the prosecution version. According to him the incident was witnessed by large number of people. He also states that during investigation his shirt and pant Ext P-1 and Ext.P-2 were taken into possession vide Memo Ext.PW-2/A. Constable Ashwani Kumar was examined as PW-3. He has not named the accused and only states that the complainant was beaten by some person. PW-2 is one Shri Varun Sharma. According to him, somebody picked up a quarrel with him (this witness). He was rescued by the traffic police and Shri Monty. According to him it was he who reported the matter to the police. Since this witness has resiled from his earlier statement, he was declared hostile and cross-examined, but to no avail. One Ganga Ram was examined as PW-6. He has no doubt supported the prosecution version but the learned trial court has disbelieved his statement on the ground that his name did not figure in the F.I.R. This witness has also admitted that he is on good terms with the complainant but surprisingly he states that when the incident occurred he did not intervene in the matter. If his terms with the complainant were good and he was present on the spot, it would be natural for him to have intervened when the accused started beating the complainant. Surprisingly, two persons originally named as witnesses, namely, Shri Monty and Shri Kamal, who according to the complainant had saved him, have not been examined by the prosecution. The other witnesses have turned hostile. The presence of Ganga Ram on the spot is extremely doubtful. In this view of the matter the learned trial court was right in holding that the accused is entitled to be acquitted. I find no reason to interference in the said judgment. The appeal is accordingly dismissed. Bail bonds furnished by the accused are discharged. 28th December, 2009 (Deepak Gupta), J. VT RFA No. 518/2009. 28.12.2009 Present: Mr. Mukul Sood, vice counsel for the appellants. Mr. Rajesh Mandhotra, counsel for respondents No. 1 and 2. Shri Rajesh. Mandhotra, learned counsel for respondents No. 1 and 2 states that this matter is connected with RSA Nos.516/2000, 511/2000 and 520/2000. The Registry is directed to connect all these matters and list thereafter. December 28, 2009 (Deepak Gupta ), J. VT RFA No. 25/1999 28.12.2009 Present: Mr. Mukul Sood, vice counsel for the appellants. At the request of Shri Mukul Sood appearing vice counsel for the appellants, list the matter in the month of March, 2010. December 28, 2009 (Deepak Gupta), J. VT RSA No. 611/2009. 28.12.2009 Present: Mr. Inder Bhardwaj, vice counsel for the appellant. At the request of Shri Inder Bhardwaj appearing vice counsel for the appellant, list the matter on 29.12.2009. December 28, 2009 (Deepak Gupta ), J. VT RSA No. 610/2009. 28.12.2009 Present: Mr. Mukul Sood, vice counsel for the appellant. Admit on the following substantial question of law: 1. Whether the Lower Appellate Court has totally misread and misinterpreted the evidence on record and ignored the provisions of the Punjab Tenancy Act in holding that the respondent had acquired tenancy of his father? Issue notice to the respondents returnable within 8 weeks from today. Notice be sent by registered post as well as through the process of the Court. Steps for service be taken within one week, failing which the matter be listed before the Court for non prosecution. C.M.P. No. 1055 of 2009 Notice in the aforesaid terms. In the meanwhile, the parties are directed to maintain status quo qua the land in dispute. Dasti copy. December 28, 2009 (Deepak Gupta), J. VT FAO No. 560/2009. 28.12.2009 Present: Mr. Mukul Sood, vice Shri Lalit K. Sharma, Advocate, for the appellant. Admit. Issue notice to the respondents returnable within 8 weeks from today. Notice be sent by registered post as well as through the process of the Court. Steps for service be taken within one week, failing which the matter be listed before the Court for non prosecution. C.M.P. No. 1062 of 2009 Notice in the aforesaid terms. In the meantime, the operation and execution of the amount awarded is stayed subject to the payment depositing the balance award amount in the Registry of this Court within 8 weeks from today. Dasti copy. December 28, 2009 (Deepak Gupta ), J. VT FAO No. 552/2009. 28.12.2009 Present: Mr. Mukul Sood, vice counsel for the appellant. Admit on the following substantial questions of law: 1. Whether the Workmen’s Compensation Commissioner was justified in hold that the deceased Rajinder Singh was working as an employee on the tractor in question? 2. Whether the interest has been awarded by the Workmen’s Compensation Commissioner in accordance with the provisions of the Workmen’s Compensation Act, 1923? Issue notice to the respondents returnable within 8 weeks from today. Notice be sent by registered post as well as through the process of the Court. Steps for service be taken within one week, failing which the matter be listed before the Court. C.M.P. No. 1056 of 2009 Notice in the aforesaid terms. In the meantime, the Registry is directed to send a communication to the Commissioner Workmen Compensation, Barsar, District Hamirpur to remit the amount deposited before him to the Registry of this Court forthwith. December 28, 2009 (Deepak Gupta), J. VT FAO No. 552/2009. 28.12.2009 Present: Mr. Mukul Sood, vice counselfor the appellant. Admit on the following substantial questions of law: 1. Whether the Workmen’s Compensation Commissioner was justified in holding that the deceased Rajinder Singh was working as an employee on the tractor in question? 2. Whether the interest has been awarded by the Workmen’s Compensation Commissioner in accordance with the provisions of the Workmen’s Compensation Act, 1923? Issue notice to the respondents returnable within 8 weeks from today. Notice be sent by registered post as well as through the process of the Court. Steps for service be taken within one week, failing which the matter be listed before the Court for non prosecution. December 28, 2009 (Deepak Gupta ), J. VT Issue notice. Shri R.K.Bawa, learned Advocate General on instructions received from Shri J.K.Verma, learned Deputy Advocate General appears and waives service of notice on behalf of respondents. Reply to the writ petition be filed within three weeks. Rejoinder, if any, be filed within two weeks thereafter. List before the appropriate Bench on 8th April, 2009 Issue notice to the respondents returnable for 3rd July, 2008. Notice be sent by registered post as well as through the process of the Court. Steps for service be taken within four days failing which the matter be listed before the Court. Since the Tribunal stands abolished vide notification issued by the Central government and the case has been transferred to this Court in terms of the Himachal Pradesh Administrative Tribunal (Transfer of Decided and Pending Cases and Applications) Act, 2008, the matter has been taken up by this Court and now registered as CWP (T) 2431 of 2008. He left behind his widowed mother, his own widow and three minor children. While appearing in Court, the complainant embellished and exaggerated her version. This penalty, in fact, shocks the judicial conscience of this Court especially in view of the fact that similar employees have not been similarly treated. Persons who make such false statements cannot be permitted to go scot free No party can be allowed to take the Court for a ride. Notice in the aforesaid terms. In the meantime, the parties are directed to maintain status quo qua the nature and possession of the suit land. When legal proceedings go on for years on end there is no reason to deny interest to the successful party. He has feigned ignorance with regard to the fact as to whether the name of the driver and conductor entered in the log book. A perusal of the pleadings and the evidence led in Court leads to only one irresistible conclusion suit is barred by the principle of resjudicata and lis pendens The complainant went off to attend a marriage and came back And limitation is governed by Article 82 of the Schedule to the Limitation Act. These three appeals are being disposed of by a common judgement since common questions of law and fact arise in these appeals. . While assessing the contribution of a house wife towards her family one cannot shut one’s eye to the fact that in Indian conditions especially in the lower middle classes a house wife is probably the first to get up in the morning and the last to go to bed. She attends to her family from the early hours of the morning till late evening. The value of her services is much more than the value of service which can be provided by a servant. which is agricultural land. morale of the other employees This act is deemed to have come into force w.e.f. 1st day of March, 1996. pari-materia True it is that the claimant was lax in leading evidence in this behalf There is no jurisdiction error in the orders of the Court below which calls for correction in exercise of the extra ordinary jurisdiction vested in this Court under Article 227 of the Constitution of India. show that the seized timber had been properly stored and stacked Against the heading of limitations in his house on the night intervening 1st and 2nd September, 1992 sister concern As far as the first question is concerned, the learned Single Judge has delved into this matter in great detail He left behind his widowed mother, his own widow and three minor go there for supervision off and on. List before a Bench of which one of us (Deepak Gupta, J.) is not a member. Heard in part. List for continuation on 20.10.2009 at 2.00 P.M. that the defendant is residing there for the 20-22 years Clothes Shri Surinder Sharma appearing vice Shri Tej Mohan Singh, Advocate, submits that an actual date may be given since the original counsel has to come from outside. At his request list all these matters on 12th October, 2009. It is made clear that no further adjournment shall be granted The prosecutrix is not to be treated like an accomplice Therefore, I had called the parties in the Court today because I felt that this is a fit case where with the intervention of the Court the parties may be able to resolve the dispute between them. Local Commissioner shall conduct the demarcation in the presence of the parties. He shall fix the date of demarcation on 5th July, 2008 when the parties shall appear before him. In case any of the parties does not remain present on the date fixed by the Settlement Officer he may conduct the demarcation in the absence of such party. However, if the parties are present, he shall fix the first Pakka Point with the consent of the parties and if they do not agree, then the Pakka Point shall be fixed by the Local Commissioner in accordance with the instructions of the Financial Commissioner in this regard. Since the awarded amount has been deposited, the order dated 17th March, 2008 is confirmed with liberty reserved to the claimants to move appropriate application for release of the amount if so advised. FAO No. 454 of 2006. 28.5.2008 Present: Mr. Bimal Gupta, Advocate for the appellants. Mr. Manohar Lal Sharma, counsel for respondent No.1. Ms. Anita Dogra, counsel for respondent No.2. Ms. Devyani Sharma, counsel for respondent No.3. CMP No. 1408 of 2006 The Insurance Company is directed to furnish security to the satisfaction of the Registrar General of this Court within six weeks from today undertaking therein that if the award of the learned Tribunal is confirmed it shall satisfy the same and shall pay whatsoever amount is payable under the said award, failing which the amount shall be realized from the sale of the properties which are subject matter of the security bond furnished. Dasti copy. May 28, 2008 ( Deepak Gupta ), J. ™ One of the main grounds which weighed with the trial court was that The defendants have only contested the rate and their argument is that the plaintiffs had never asked for the transportation charges and therefore had waived this right to claim transportation charges. All these are pure findings of fact, which calls for no interference in exercise of revisional jurisdiction. The revision petition is without any merit. Accordingly, the same is dismissed in limine. Gair Marvisi tenant sexual overture which she spurned. slapped him without any rhyme or reason. lost sight of the fact Bailiff naked eye set at naught incumbent upon the prosecution failed to prove the very basic ingredients of the offence 4.6.2008 Present: Mr. Vivek Singh Thakur, Addl. Advocate General for the appellant. Ms. Devyani Sharma, counsel for the respondent. Cr.M.P(M) No. 164 of 2008 Heard. There is delay of 112 days in filing the appeal. The State in its application has given the detail as to how the file moved from time to time which resulted in delay in filing the appeal. Keeping in view the facts stated in the application and the fact that the file was moving from one office to the other, the delay in filing the appeal is condoned, subject to payment of Rs.1000/- as costs. The costs be deposited in the H.P.High Court Bar Association Welfare fund, within four weeks from today. Application is disposed of accordingly. Cr.M.P(M) No. 165 of 2008. Leave to appeal granted. Cr.A.No. 67 of 2008. Admit. Notice need not to be issued to respondent since he is duly represented by counsel. Respondent is directed to furnish bail bonds in the sum of Rs.5,000/- with one surety in the like amount to the satisfaction of the trial Court, undertaking therein to appear before this Court as and when called upon to do so. The said bail bonds be furnished within six weeks. After attestation, the trial Court shall remit the same to the Registry of this Court. Dasti copy. June 4, 2008 ( Deepak Gupta ), J. ™ . At their insistence, we re-heard the same. Since the post of ADJ, Mandi is presently lying vacant the parties through their counsel are directed to appear before the District Judge, Mandi, on 12th January, 2009. The Registry is directed to ensure that the record of the lower appeallate court is sent to the court of the learned District Judge, Mandi, as early as possible so as to reach there well before the date fixed. The learned District Judge, Mandi, may retain the case in his own Court or may assign this case to some other Court but the Court to which the appeal is assigned shall make an endeavour to dispose of the appeal as early as possibly, but in any event not later than 31st July, 2009. res ipsa loquitur. The legislature in its wisdom decided that employees who had been found guilty of serious misconduct, which culminated in their losing their job should be clubbed together and should be disqualified from contesting the elections to the Panchayati Raj Institutions his judgement shall dispose of the two writ petitions being CWP(T) No. 1285 of 2008 and CWP (T) No. 1662 of 2008 filed by respondent No.4 here-in. On 26.6.2009 we had directed that both the petitions be listed together. Only one petition has been listed but with the consent of the parties, we have called for the other writ petition since questions involved in both the petitions are common This is a pure finding of fact and no question of law much less a substantial question of law is involved in the appeal. Therefore, the appeal is rejected. I do not think it is proper for me to delve in detail into the entire factual aspects in view of the manner in which I propose to dispose of the present appeal.