Allahabad Court June 1951 Judgments
State Vs. Gendan Lal Dwivedi
Court: Allahabad
Decided on: Jun-25-1951
Reported in: AIR1953All597
ORDERAgarwala, J.1. The applicant was a sub-post master at Bhartana. He was prosecuted and convicted for offences under Sections 409, I. P. C. and 55, Indian Post Office Act and sentenced to four years' rigorous imprisonment and a fine of Rs. 5000/- under the former and to one year's rigorous imprisonment and a fine of Rs. 100/- under the latter section. He appealed and his appeal was dismissed. He filed an application in revision in this Court. That was also dismissed on 15-5-1950. On 7-2-1951 he made an application to this Court under Section 561A, Criminal P. C. without surrendering himself for all this time. This Court ordered the record of the case to be summoned and the matter is now before me for orders. The applicant is present in person. He has been out of jail for over a year without any authority. He says that he was ill but he has made no such allegation in his application. It is the settled practice of this Court that a petitioner who has been convicted should surrender hi...
Tag this Judgment!SirajuddIn and ors. Vs. State
Court: Allahabad
Decided on: Jun-22-1951
Reported in: AIR1951All834
Malik, C.J.1. The appellants have been convicted under Section 396, Penal Code, and while the appellants 1 and 2 have been sentenced to death the other appellants have been sentenced to transportation for life.2. On the night between 28 and 29-12-1949, a number of dacoits visited village Kadhla and went into the house of one Piru Teli. The villagers, however, on hearing the alarm that dacoits had come to the house of Piru Teli, surrounded the house and there was a free fight between the dacoits and the villagers. As a result one villager Azimullah died and four of the villagers Basanta, Mahfuz Khan, Ibrahim and Manohra received injuries. Two of the dacoits Sirajuddin and Abbu were caught on the spot.3. The first information report was lodged at the thana, which is at a distance of seven miles from the village, by the village chaukidar at about 12-15 A.M. In it, however, it is not mentioned that any of the dacoits were known to the village people from before nor are the names of witness...
Tag this Judgment!Asharfi Lal Vs. the State
Court: Allahabad
Decided on: Jun-14-1951
Reported in: AIR1952All306
ORDERBrij Mohan Lal, J.1. This is a reference by the learned Sessions Judge of Barabanki recommending that the conviction of one Asharfi Lal recorded by a learned Magistrate of Barabanki under Section 228, Penal Code be set aside.2. It appears that Asharfi Lal was tried by the Panchayati Adalat of Baraeli in the district of Barabanki of an offence punishable under Section 403, Penal Code. On 26-12-49 the Panchayati Adalat pronounced judgment of conviction against Asharfi Lal and inflicted on him a fine of Rs. 45. Immediately on hearing the sentence Asharfi Lal abused the Panches and swore in open Court that he would kill them. Thereafter he stood in front of the Court room door, lathi in hand, ready to assault the Panches.3. The complaint was sent by the Sarpanch to the Sub-Divisional Magistrate and this led to Asharfi Lal's prosecution. His trial was summary and he was sentenced to a fine of Rs. 60.4. In revision the Sessions Judge was of the opinion that no offence had been committed...
Tag this Judgment!Sant Prasad and ors. Vs. State
Court: Allahabad
Decided on: Jun-01-1951
Reported in: AIR1952All785
ORDERP.L. Bhargava, J. 1. This is an application by Sant Prasad, Jagdamba Prasad Meghai and Earn Adhar, residents of village Bhewanigarh, in the Pratapgarh district, for the exercise of the revisional powers of this Court under Sections 435/439, Criminal P. C. read with Article 227, Constitution of India. The applicants were tried by the Panchayati Adalat of Rampur circle and Sant Prasad and Jagdamba Prasad were convicted and sentenced to pay a fine of Rs. 10 each, under Section 323, Penal Code and Maghai and Ram Adhar were convicted and sentenced to pay a fine of Rs. 10 each, under Section 379, Penal Code. The matter was taken-up in revision, which come-up for hearing before the sub-divisional Magistrate of Patti, in the district of Partapgarh. The learned Magistrate refused to interfere in revision. Now, the applicants have made this application. 2. The facts and circumstances, which have given rise to this application, are these. On 9.10.1949, one Jhoora Kurmin filed a complaint bef...
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