Allahabad Court June 1959 Judgments
inder Singh and anr. Vs. State
Court: Allahabad
Decided on: Jun-26-1959
Reported in: AIR1960All419
ORDERD.S. Mathur, J. 1. This is an application in revision by Inder Singh and Makhan Singh against the order of the Sessions Judge of Meerut upholding the order of the Magistrate directing each of the applicants to deposit in court Rs. 1200/- as penalty for being unable to produce the accused in court to undergo the trial.2. The only point urged before me is that when the case was transferred from the court of one Magistrate to another in cases where the sureties had undertaken to produce the accused before the former court, the surety bonds stood discharged as soon as the case was transferred to another court, and that the bonds did not revive when the case was retransferred to the original court.3. The facts of the case are not in controversy. One Gurbachan Singh was standing his trial under Section 304-A I. P. C. in the court of Shri N.C. Sharma, Magistrate of Meerut, and the present applicants stood surety for Gurbachan Singh and executed a surety bond whereby they undertook to pay...
Tag this Judgment!Ali Sher Vs. the State
Court: Allahabad
Decided on: Jun-26-1959
Reported in: AIR1960All431; 1960CriLJ875
ORDERD.S. Mathur, J. 1. This order governs Criminal Revisions Nos. 347 and 348 of 1958 by Ali Sher and Wali Mohammad, respectively, against their conviction of an offence punishable under Section 14 of the Foreigner's Act.2. As the facts of these two cases arc the same and similar questions are involved in both, they are being disposed of by one judgment.3. Both Ali Sher and Wali Monammad had entered India with a Pakistan passport after obtaining visa which permitted them to stay in India for periods mentioned therein. They overstayed in India and did not leave the country within the period mentioned in notices served upon them under the signature of the Superintendent of Police. They were, therefore, prosecuted and have been convicted under Section 14 of the Foreigners Act. Each of them has been sentenced to two year's R. I. and a fine of Rs. 200/- in case of default, another three month's R. I.4. Both the applicants admitted the allega-tions made against them. They admitted that they...
Tag this Judgment!State Vs. Lakshmi NaraIn Singh and anr.
Court: Allahabad
Decided on: Jun-22-1959
Reported in: AIR1960All236; 1960CriLJ447
ORDERD.S. Mathur, J.1. This is a reference by the Sessions Judge of Jaunpur with a recommendation that the commitment of Lakshmi Narain Singh alias Raj Bahadur Singh and his father Srinath Singh to the court of session to stand their trial of an offence punishable under Section 302 I. P. C. or 302/109 I. P. C., respectively, be quashed and the case sent back to the committing court for holding an inquiry in accordance with the provisions of Section 207-A(4) Cr. P. C.2. The case was investigated by the police when on 16-10-1958, at about 1.30 P. M., the dead body of one Sita Devi alias Sitawa, aged 20-21 years, was found floating in a culvert near the Duty Signal at Mehrawan Railway Station. There is no eyewitness to the murder and the case against the accused persons rests on circumstantial evidence. The committing magistrate committed the case to Session without recording any evidence.3. The only point involved in the reference is whether the commitment of a case to the court of Sessi...
Tag this Judgment!Nizam Ali Vs. Wazir and ors.
Court: Allahabad
Decided on: Jun-12-1959
Reported in: AIR1960All443; 1960CriLJ881
ORDERD.S. Mathur, J. 1. This is a reference by the Temporary Sessions Judge, Muzaffarnagar, with the recommendation that the order of the Magistrate refusing to record the statement of the Kanungo be set aside and the complainant, Nizam Ali, be permitted to examine Udaibir Singh, Kanungo, as his witness.2. The relevant facts of the case are that the opposite parties, namely, the accused persons, put in appearance in the court of the Magistrate on 10-6-57. It was on 24th May, 57 that Nizam Ali, complainant, submitted a list of his witnesses. The hearing was adjourned and on 2-9-57, the evidence of three prosecution witnesses was recorded. The complainant then made a request for the summoning of the Kanungo for giving evidence in the case. The request was allowed and it appears that the Kanungo did put in appearance in court on 9-9-57, but he could not be examined as certain records were not before the court. It was on 23-9-57 that the opposite parties raised an objection that the name o...
Tag this Judgment!Dhanpat Vs. State
Court: Allahabad
Decided on: Jun-05-1959
Reported in: AIR1960All40
A.N. Mulla, J. 1. Dhanpat appellant was convicted under Section 19(f) of the Anns Act and sentenced to eighteen months' rigorous imprisonment by the Additional Sessions Judge Barabanki. He and two others were prosecuted under Sections 399 and 402 I.P. C., but all the accused were acquitted on that charge.2. Dhanpat came up in appeal and his appeal came before one of us. The counsel for the appellant contended that the prosecution failed to prove any valid sanction for the prosecution of the appellant under Section 19(f) of the Arms Act and so the appellant could not have been convicted under Section 19(f) of the Arms Act. He also in a hesitant way critised the findings of the trial court. So far as the merits of the case are concerned, the findings of the trial court are not assailable. There is enough evidence on the record of the case to prove that an unlicensed pistol with some catridges was found on the person of the appellant when he was arrested. On facts there was no force in th...
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