Criminal M.No. 350-MA of 2009.
Present:- Ms. Navin Malik, Additional Advocate General, Haryana.
for the applicant-State.
----
Notice of motion to respondent for 27.10.2009, to show
cause, why leave to appeal should not be granted.
(K. S.GAREWAL)
JUDGE
(NAWAB SINGH)
JUDGE
Sept. 08, 2009.
som
Criminal M.No. 389-MA of 2009.
Present:- Mr. D.S.Brar, Deputy Advocate General, Punjab,
for the applicant-State.
----
Notice of motion to respondent for 28.10.2009, to show
cause, why leave to appeal should not be granted.
(K. S.GAREWAL)
JUDGE
(NAWAB SINGH)
JUDGE
Sept. 08, 2009.
som
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Crl. Appeal No. 783-DB of 2002
Date of decision: Sept. 08, 2009
Bagha @ Ashik ...Appellant
Versus
State of Punjab ...Respondent
CORAM:- HON'BLE MR. JUSTICE K.S. GAREWAL
HON'BLE MR. JUSTICE NAWAB SINGH
Present: Mrs. Lisa Gill, Advocate,
(Amicus-Curiae).
Mr. D.S.Brar, Deputy Advocate General, Punjab.
K.S.GAREWAL, J.
Bagha alias Ashik died on December 10, 2003, as per
the affidavit of Superintendent, Central Jail, Ferozepur.
Consequently, Criminal Appeal No. 783-DB of 2002
stands abated and is disposed of as such.
(K.S. GAREWAL)
JUDGE
Sept. 08, 2009 (NAWAB SINGH )
som JUDGE
Crl. Misc. No. 36262 of 2009
in Criminal Appeal No. 292-DB of 2005.
Present:- Mr. B.S.Saroha, Advocate,
for the applicant-appellant.
Ms. Navin Malik, Additional Advocate General, Haryana.
—-
Affidavit of Superintendent, Central Jail, Hisar is taken on
record.
Dismissed as withdrawn.
(K. S.GAREWAL)
JUDGE
(NAWAB SINGH)
JUDGE
Sept. 08, 2009.
som
Crl. Misc. No. 38655 of 2009
in Criminal Appeal No. 353-DB of 2009.
Present:- Mr. D.S.Pheruman, Advocate,
for the applicant-appellants.
Mr. D.S.Brar, DAG, Punjab.
—-
We have gone through the judgment of the trial Court and
find that conviction of Bagga Singh and Karnail Singh, for the murder
of Tarsem Singh, deceased, was based entirely on circumstantial
evidence. The original prosecution version was that the deceased
had gone to the house of Sarpanch late Kabir Singh, where four
accused were present and had a drinking session. This version was
dis-believed as the witnesses had not supported the prosecution in
this regard. Even the witness before whom the disclosure statement
made regarding the recovery of dead-body, did not support the
prosecution.
Without commenting any further on the merits of the
case, we feel that the appellants deserve the benefit of suspended
sentence.
Appeal is not likely to be heard soon. Sentence is
suspended. Bail to the satisfaction of C.J.M., Amritsar.
(K. S.GAREWAL)
JUDGE
(NAWAB SINGH)
JUDGE
Sept. 08, 2009.
som
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Crl. Misc. No. 437-MA of 2009
Date of decision: Sept. 08, 2009
State of Punjab … Petitioner
Versus
Jaswinder Singh …Respondent
CORAM:- HON’BLE MR. JUSTICE K.S. GAREWAL
HON’BLE MR. JUSTICE NAWAB SINGH
Present: Mr D.S.Brar, Deputy Advocate General, Punjab.
K.S.GAREWAL, J.
State of Punjab is seeking leave to appeal to challenge
the acquittal of respondent – Jaswinder Singh by Special Court,
Ludhiana, vide judgment dated March 20, 2009.
We have gone through the judgment of the trial Court and
find that the prosecution evidence was not sufficient to convict the
respondent. Learned Special Judge had correctly appraised the
evidence and came to the correct conclusion in acquitting Jaswinder
Singh. The judgment of the trial Court does not suffer from any
irregularity or perversity.
Leave to appeal declined.
(K.S. GAREWAL)
JUDGE
Sept. 08, 2009 (NAWAB SINGH )
som JUDGE
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Crl. Misc. No. 399-MA of 2009 (O&M)
Date of decision: Sept. 08, 2009
State of Haryana … Petitioner
Versus
Desh Raj …Respondent
CORAM:- HON’BLE MR. JUSTICE K.S. GAREWAL
HON’BLE MR. JUSTICE NAWAB SINGH
Present: Ms. Navin Malik, Addl. Advocate General, Haryana.
K.S.GAREWAL, J.
Delay condoned.
State of Haryana is seeking leave to appeal to challenge
the acquittal of Desh Raj by Additional Sessions Judge, Nuh, vide
judgment dated November 5, 2008.
Desh Raj had faced trial for the murder of his infant son
Aman, aged about 3 years. Aman had been manually strangulated
to death. In such a case, the best and the most natural witness
would have been Aman’s mother and other close members of the
family. Aman’s mother is Munesh Devi (PW-1), it was on her
complaint that the case was registered. She alleged that her
husband was drunk and would beat her child. They had been
deserted about three months earlier to the occurrence, which took
place on June 20, 2008. Munesh Devi had been informed by her
brother-in-law Sant Ram that Aman had been strangulated by the
accused.
Crl. Misc. No. 399-MA of 2009 (2)
..
At the trial, Munesh Devi and Sant Ram resiled from their
police statements and did not support the prosecution. The
prosecution also failed to produce medical evidence and did not
examine the Medical Officer, who conducted the post-mortem
examination. In this state of affairs, the learned Additional Sessions
Judge, Nuh was perfectly justified in acquitting Desh Raj.
We have gone through the judgment of the trial Court
and find that the same does not suffer from any irregularity,
jurisdiction defects or perversity.
Leave to appeal declined.
(K.S. GAREWAL)
JUDGE
Sept. 08, 2009 (NAWAB SINGH )
som JUDGE
Crl. Misc. No. of 200
in Criminal Appeal No. -DB of 200 .
Present:- Mr. , Advocate,
for the applicant-appellant.
Ms. Navin Malik, Additional Advocate General, Haryana.
Mr. D.S.Brar, DAG, Punjab.
—-
(K. S.GAREWAL)
JUDGE(NAWAB SINGH)
JUDGE
Sept. 08, 2009.
som
Crl. Misc. No. of 200
in Criminal Appeal No. -DB of 200 .
Present:- Mr. , Advocate,
for the applicant-appellant.
Ms. Navin Malik, Additional Advocate General, Haryana.
Mr. D.S.Brar, DAG, Punjab.
—-
(K. S.GAREWAL)
JUDGE(NAWAB SINGH)
JUDGE
Sept. 08, 2009.
som
Crl. Misc. No. of 200
in Criminal Appeal No. -DB of 200 .
Present:- Mr. , Advocate,
for the applicant-appellant.
Ms. Navin Malik, Additional Advocate General, Haryana.
Mr. D.S.Brar, DAG, Punjab.
—-
(K. S.GAREWAL)
JUDGE(NAWAB SINGH)
JUDGE
Sept. 08, 2009.
som
Crl. Misc. No. of 200
in Criminal Appeal No. -DB of 200 .
Present:- Mr. , Advocate,
for the applicant-appellant.
Ms. Navin Malik, Additional Advocate General, Haryana.
Mr. D.S.Brar, DAG, Punjab.
—-
(K. S.GAREWAL)
JUDGE(NAWAB SINGH)
JUDGE
Sept. 08, 2009.
som
Crl. Misc. No. 45035-36 of 2009
in Criminal Appeal No. 344-DB of 2008.
Present:- Mr. Baldev Singh, Senior Advocate,
with Mr. Sudhir Sharma, Advocate,
for the applicant-appellant.
—-
Crl. Misc. No. 45036 of 2009
Application is allowed, as prayed for.
Crl. Misc. No. 45035 of 2009
Notice of motion for 28.10.2009.
(K. S.GAREWAL)
JUDGE
(NAWAB SINGH)
JUDGE
Sept. 08, 2009.
som
Crl. Misc. No. 44041 of 2009
in Criminal Appeal No. 1635-SB of 2009.
Present:- Mr. Gaurav Mohunta, Advocate,
for the applicant-appellant.
—-
Notice of motion for 6.10.2009.
(K. S.GAREWAL)
JUDGE
(NAWAB SINGH)
JUDGE
Sept. 08, 2009.
som
Crl. Misc. No.25247 of 2009
in Criminal Appeal No. 394-DB of 2008.
Present:- Mr. J.S.Bhatti, Advocate,
for the applicant-appellant.
—-
On request, adjourned to 11.09.2009.
(K. S.GAREWAL)
JUDGE
(NAWAB SINGH)
JUDGE
Sept. 08, 2009.
som
Crl. Misc. No. 45062-63 of 2009
in Criminal Appeal No. 527-DB of 2004.
Present:- Mr. Baldev Singh, Senior Advocate,
with Mr. Sudhir Sharma, Advocate,
for the applicant-appellant.
—-
Crl. Misc. No. 45063 of 2009
Application is allowed, as prayed for.
Crl. Misc. No. 45062 of 2009
Notice of motion for 28.10.2009.
(K. S.GAREWAL)
JUDGE
(NAWAB SINGH)
JUDGE
Sept. 08, 2009.
som