Allahabad Court September 1932 Judgments
Haris Chandra and anr. Vs. Emperor
Court: Allahabad
Decided on: Sep-27-1932
Reported in: AIR1933All94
Pullan, J.1. This is an appeal on behalf of two persons who were convicted by a jury of an offence under Section 395, I.P.C. They have each of them been sentenced to five years rigorous imprisonment. The first ground of appeal is 'that the jury's decision being against the rules and principles explained by the Judge in the charge, the learned Judge ought to have referred the case under Section 307, Criminal P.C.' and the second is 'that either the Judge's charge to the jury is wrong and amounts to misdirection or the jury's verdict is perverse and against law.' These grounds of appeal are based upon certain passages in the Judge's charge to the jury. This is one of those cases in which the basis of the prosecution evidence is the statement of an approver, and the Judge pointed out that an approver's statement required corroboration and that it would be improper to convict on the uncorroborated evidence of the approver. He went on to develop this by saying that the corroborative evidenc...
Tag this Judgment!Ram Prasad Vs. Emperor
Court: Allahabad
Decided on: Sep-26-1932
Reported in: AIR1933All95; 140Ind.Cas.497
Pullan, J.1. The applicant Ram Prasad has been convicted of an offence under Section 17(1), Criminal Law Amendment Act, 1908, and ordered to pay a fine of Rs. 100, As a matter of fact, he underwent an illegal sentence of 3 months' rigorous imprisonment for failure to pay the fine and whatever may be the merits of this conviction, this Court is bound in revision to set aside the order of fine. The offence which the applicant is alleged to have committed is as follows. He is a shopkeeper and he displayed the Congress flag over his shop. A Police Sub-Inspector asked -him to take it down and he refused, but offered no objection to the removal of the flag by the police. Section 17(1), Criminal Law Amendment Act, renders liable to punishment any person who 'in any way assists the operations' of an unlawful association. When this flag was displayed, the Congress had been declared to be an unlawful association and the flag displayed was the Congress flag. The Magistrate and the learned Session...
Tag this Judgment!Emperor Vs. Hira Lal
Court: Allahabad
Decided on: Sep-23-1932
Reported in: AIR1933All96
ORDERPullan, J.1. This is a reference made by the learned Sessions Judge of Agra, requesting this Court to set aside an order of a Magistrate purporting to have been passed under Section 145, Criminal P.C. The facts of the case are as follows: Certain dhobies made an application to the Joint Magistrate of Agra saying that they had a small plot of land on which they placed their tazias at the time of the Moharram and that one Hira Lal had built or commenced to build a wall on that plot, and when they objected was ready to assault them. They accordingly asked the Magistrate to take proceedings under Section 145, Criminal P.C. The Magistrate issued a notice without giving any reason, and then made a local inspection and heard evidence. He passed an order in which he stated that in his opinion the dhobis were in actual possession of the land, that Hira Lal should bring a suit in the civil Court and the wall which had been started should be left in its present condition. There is not in thi...
Tag this Judgment!Qabul and ors. Vs. Emperor
Court: Allahabad
Decided on: Sep-16-1932
Reported in: AIR1933All30
Pullan, J.1. Six persons were charged in the Court of the Sessions Judge if Muzaffarnagar with the murder of one Ganga. No other charge was preferred against them, except the charge under Section 302, I.P.C. Two of these persons were acquitted, but four of them although acquitted of the charge of murder, were convicted of offences under Sections 194 and 201, I.P.C., and sentenced to 7 years' rigorous imprisonment on each charge. The facts of this case are somewhat unusual. A report was made by one of the present appellants, Jai Singh, at the police station of Shamli at 7 A.M. on 25th August 1931 that his father Ganga was missing and that he was probably confined in the house of one Pirthi. There is nothings in the report to suggest that Ganga was murdered but it is said that on the way to the village Jai Singh informed the police of his suspicion that Ganga had actually beep murdered. Pirthi's house was searched and the body of Ganga was found in an inner room. It was subsequently asce...
Tag this Judgment!Tara Chand and ors. Vs. Emperor
Court: Allahabad
Decided on: Sep-05-1932
Reported in: AIR1933All949; 147Ind.Cas.1164
ORDERPullan, J.1. These two applications arise out of certain proceedings before the Assistant Superintendent of the Doon, Mr. Sucha Singh, I.C.S., in a petty case under the Forest Act. The case appears to be one which might well have been tried summarily and disposed of in a few minutes. The accused persons thought otherwise. They engaged two or more counsel, and they set to work to delay the proceedings in every possible way.2. Their application for transfer of the case both from the Court of Mr. Sucha Singh and from the Dehra Dun District is based, first of all, on the issue of a warrant instead of a summons for one of the accused by Mr. Sucha Singh, and secondly on the proceedings in his Court when the case came up for trial. The issue of the warrant has been explained by Mr. Sucha Singh. The Forest Ranger asked him to issue a warrant on a Sunday; and he accepting the words of the Forest Ranger, as he very well might, issued the warrant. Unfortunately he omitted to add any provisio...
Tag this Judgment!Ram Chand and ors. Vs. Emperor
Court: Allahabad
Decided on: Sep-02-1932
Reported in: AIR1933All114
Pullan, J.1. This is an appeal by three persons Ram Chand, Reoti and Munshi, who have been convicted of an offence under Section 380, I.P.C., and each sentenced to three years' rigorous imprisonment. They had been charged originally under Section 395, I.P.C., and when their appeals were read by a Judge of this Court notice was issued to all three appellants to show cause why their sentence should not be enhanced. This is very clear case of dacoit. In the first report it was said that there were 14 or 15 dacoits, and the approver, whose evidence has been belived by the Judge, says there were 12. They entered the house in the night and they took ornaments and a considerable sum of money. It is said that they took Rs. 2,000 in cash and ornaments worth Rs. 164. There is nothing in the method in which the offence was committed to distinguish it from an ordinary dacoity, and the evidence against all these persons is particularly clear. Munshi himself made a confession which he retracted, and...
Tag this Judgment!Badri Prasad Vs. Jhamman
Court: Allahabad
Decided on: Sep-01-1932
Reported in: AIR1933All47
ORDERKing, J.1. This is an application in revision against an order passed by the learned Sessions Judge of Budaun rejecting an application for revision of an order of acquittal under Sections 193 and 199, Penal Code. It appears that one Jhamman was being tried before tahsildar- Magistrate for an offence under Section 323, Penal Code, and While the trial was pending Jhamman made an application to the District Magistrate asking that the case should, be transferred from the Court of the tahsildar on the ground that the tahsildar was siding with the complainant who was an influential person, and that the tahsildar had openly stated in Court that if the accused did not pay Rs. 100 as compensation to the complainant he (the tahsildar) would convict him. The District Magistrate obtained an affidavit from Jhamman in support of these allegations and then called for a report from the tahsildar from which it appeared that the allegations made by jhamman were false. The District Magistrate accord...
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