IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Mr Justice Rakesh Kainthla, J
Daizy Kumar @ Vishal – Appellant
Versus
State of H.P. – Respondent
JUDGMENT :
Rakesh Kainthla, J.
The present appeal is directed against the judgment dated 09.06.2009 passed by learned Additional Sessions Judge, Fast Track Court, Una, (learned Trial Court), vide which the appellants (accused before learned Trial Court) were convicted of the commission of offences punishable under Sections 498A and 306 of Indian Penal Code ( IPC ). They were sentenced to undergo simple imprisonment for three years, pay a fine of Rs.2,000/- each and in default of payment of the fine to undergo further simple imprisonment for two months for the commission of an offence punishable under Section 306 of IPC . They were sentenced to undergo simple imprisonment for two years, pay a fine of Rs.1,000/- and in default of payment of the fine to undergo further simple imprisonment for one month for the commission of an offence punishable under Section 498A of IPC . (For convenience, the parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court.)
2. Briefly stated, the facts giving rise to the present appeal are that the police presented a challan against the accused for the commission of offences punishable under Sections 306
The main legal point established in the judgment is the binding effect of the settlement between the parties, the waiver of the right to seek re-employment by the workmen, and the entitlement of the ....
A lockout is justified if it is declared in response to an illegal strike or a strike that is in breach of a settlement or award.
The combination of eyewitness testimonies, recovery of the weapon used, and forensic examination results can establish guilt in criminal cases, even based on circumstantial evidence.
The conviction of an accused person under Section 27(3) of the Arms Act is not permissible in law if the accused is also charged with committing murder under Section 302 of the Indian Penal Code.
The court can enhance compensation based on the deceased's income and family dependency, and adjust the multiplier used by the Tribunal if found unjustified.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.