Allahabad Court January 1995 Judgments
Roop Ram and ors. Vs. State of U.P.
Court: Allahabad
Decided on: Jan-31-1995
Reported in: 1995CriLJ3499
S.K. Jain, J.1. Roop Ram son of Dala, Mangal son of Mohan, Hori Lal son of Ulla, Babu Ram son of Mangal, Ram Autar son of Tika Ram, all traders and resident of village Chamaranpurwa, Police Station Derapur, District Kanpur were arrested, charged and tried under Sections 147, 149, 302, 323, IPC. Accusation against them was that on 7-7-1973 at about 5.00 p.m. Sarvashri Anrugh Singh PW2, Ram Bhajan, Sheo Dayal and Ram Das were present and talking with Sarvashri Genda Lal PW3, Mewa Lal and Chhedi Lal in front of the house of Sri Krishna. Smt. Ram Dulari, mother of Ram Shankar, the complainant arrived there carrying two buckets and a rope in order to carry water from the well of Mangal accused which was also situated in front of his house. All the accused persons armed with lathies were present there. Mangal asked Smt. Ram Dulari not to draw water from the well. At the same time, all the accused persons started abusing her! Babu Ram accused threw away her buckets. On the exhortation of Mang...
Tag this Judgment!Mahendra Singh S/O Raghubir Singh Vs. State of U.P.
Court: Allahabad
Decided on: Jan-27-1995
Reported in: 1995CriLJ2789
S.C. Jain, J.1. Appellants Mahendra Singh, Iswar Chand , Niranjan Singh and Tejvir Sharma were Charged and tried for an offence punishable under Section 302 read with Section 34, I.P.C. on the allegations that they, in furtherance of their common intention on 27-1-1978 at about 8.30 p.m. in Danganj Mandi Khurja, intentionally caused the death of Rajendra alias Tati by means of Knives. The role assigned to Tejvir and Mahendra Singh was that of 'catching hold of Rajendra (deceased) by his arms whereas Ishwar Chand and Niranjan Singh stabbed him by knives which they were having. Believing the prosecution version as correct, the learned Sessions Judge found all the four accused persons guilty of the offence under Section 302 read with Section 34, I.P.C. and sentenced them to undergo rigorous imprisonment for life.2. Aggrieved, this appeal has been filed.3. As per the prosecution version, one Sukhbir son of Munshi was murdered about 2 1/2 years before this incident. Rajendra deceased was on...
Tag this Judgment!Jai NaraIn Son of Ghure Lal and ors. Vs. State of U.P.
Court: Allahabad
Decided on: Jan-27-1995
Reported in: 1995CriLJ2333
S.C. Jain, J. 1. The appellants, Jai Narain and 12 others, have filed this appeal challenging the judgment and order dated 7-3-1980 passed by V Addl. Sessions Judge, Aligarh in Sessions Trial No. 159 of 1978, whereby appellants, Jai Narain, Ram Prakash, Rishi Kumar, Munna, Bhagirath, Bankhandi, Gomti and Viro alias Virendra were convicted under Section 302, read with Section 149, I.P.C., 148, 324 read with Section 149 and Section 323 read with Section 149 I.P.C. and were sentenced to undergo life imprisonment, one year rigorous imprisonment, one year rigorous imprisonment and six months rigorous imprisonment under the said counts respectively, while appellants, Murari Lal, Ram Kumar, Sri Narain, Radha Raman and Ram Moorti were convicted and sentenced for life imprisonment under Section 302 read with Section 149, I.P.C., rigorous imprisonment for nine months under Section 147, I.P.C. rigorous imprisonment for one year under Section 324 read with Section 149, I.P.C. and rigorous imprison...
Tag this Judgment!Surendra Kumar JaIn Vs. Shanti Swaroop Jain
Court: Allahabad
Decided on: Jan-23-1995
Reported in: AIR1995All273
1. Heard the learned counsel for the petitioner and Shri Bharatji Agrawal, learned counsel for the landlord respondent No. 1.2. Perused the record.3. Feeling aggrieved by a decree of his eviction from the premises in dispute and recovery of arrears of rent and damages for the use and occupation pendehte lite and future passed by the Judge Smalt Cause Court, the petitioner tenant filed a revision under S. 25 of the Provincial Small Cause Courts Act which has been dismissed by the Revisional Court, he has now approached this Court for redress seeking the quashing of the same.4. It appears from the record that the landlord respondent had filed the suit seeking ejectment of the petitioner tenant from the premises in dispute asserting that the building of which the premises in suit formed a part was constructed a new in the year 1973 after demolishing the old constructions and was assessed for the first time by the Nagar Palika, Etah in the year 1981. The assessment being effective from 1-4...
Tag this Judgment!Sewak S/O Ram Deen Vs. the State of U.P.
Court: Allahabad
Decided on: Jan-20-1995
Reported in: 1995CriLJ2778
O.P. Pradhan, J.1. This appeal by a convict is directed against the judgment and order dated 15-11-1983 passed by 1st Additional Sessions Judge, Kheri in Sessions Trial No. 393 of 1983 whereby the appellant was convicted and sentenced under Section 376, I.P.C. to undergo five years' R.I.2. The facts giving rise to this appeal may be briefly stated as follows:3. The prosecutrix is a resident of village Palhanapur within the circle of police station Bhira of district Kheri and so is the accused-appellant. It was on 28-1-1979 that the prosecutrix, Smt. Shanti had gone to ease herself in the cane-field of Munna at about 4 p.m. While she was coming back from the cane-field, the accused-appellant caught hold of her from behind and disabled her to raise an alarm by pressing his hand on her mouth. He also felled her on the ground and started committing rape on her. The prosecutrix could not wriggle out of the situation since the accused-appellant had over-powered her and she could not raise a ...
Tag this Judgment!Ram Niwas Vs. State
Court: Allahabad
Decided on: Jan-20-1995
Reported in: 1995CriLJ3491
ORDERO.P. Pradhan, J.1. This revision is directed against the judgment and order dated 10-1-1983, passed by Sessions Judge,, Bahraich whereby he dismissed the appeal of the revisionist and maintained conviction and sentence, awarded by the Special Judicial Magistrate in Criminal Case No. 632 of 1981 in connection with an offence under Section 7/16 of the Prevention of Food Adulteration Act.2. The prosecution case briefly stated is that on 30-1-1981, the Food Inspector, Abdul Gaffar went to the shop of the revisionist, Ram Niwas situate at Kaiserganj at about 12.15 p.m. and purchased a sample of 'Ajwain' weighing 300 grams. He also issued a receipt of Rs. 2.40 to the Revisionist, who, however, refused to sign or accept the same. Similarly, the notice as per Ext. Ka-3 was also refused by the revisionist. He divided the sample in three parts and filled up each part in three bottles which were duly sealed and one of them was sent to the Public Analyst together with Form No. 7 on 30-1-1981 ...
Tag this Judgment!Vikram Vs. the State
Court: Allahabad
Decided on: Jan-20-1995
Reported in: 1996CriLJ1536
Brijesh Kumar, J.1. This reference to the Full Bench arises out of a bail application which came for consideration before a learned Single Judge. The ground for release of the applicant on bail, as pressed on his behalf was that at the time of arrest.the applicant was not disclosed the full particulars and the grounds of his arrest, hence the arrest was illegal being in violation of Section 50 of the Cr. P.C. and Article 22(1) of the Constitution of India. The applicant has filed his affidavit in support of his case that particulars of the offence were not disclosed to him, nor the grounds of arrest.2. As against the above, on behalf of the prosecution, the arresting officer has filed his affidavit stating about the arrest of the applicant in Crime Case No. 262/93 under Section 307/324/302 I. P. C. and that the accused was told the grounds of his arrest. According to the prosecution, after his arrest the applicant had confessed having committed the crime and furnished information leadi...
Tag this Judgment!State of U.P. Vs. Sri Maheshwar Nath Chaturvedi and ors.
Court: Allahabad
Decided on: Jan-19-1995
Reported in: 1995CriLJ3473
S.N. Sahay, J.1. The respondents Maheswar Nath Chaturvedi, Nand Kishore Upmanyu, Virendra Lavania and J.P. Gautam stand charged as follows:-'All of you, namely, S/Sri Maheshwar Nath Chaturvedi, Nand Kishore Upmanyu, Virendra Lavania, J.P. Gautam, are charged that on 21st Feb. 1994 at about 12.00 noon you entered into the court room of Sri P.S. Malhotra, II Additional Sessions Judge, Mathura, and asked him:'Why have you rejected the surrender application?' The Judge having told that since the aforesaid persons were not physically present in the court it was not possible to take them in custody. On this all of you became infuriated and aggressive and started hurling filthy abuses on the aforesaid Sri P.S. Malhotra, and addressing the aforesaid Judge you said:'You want to be dictator. We shall not allow your dictatorship. You are encouraging corruption.'Thereafter all of you abused naming mother and sister of the Judge. Apprehending violence the aforesaid Judge immediately rose up as it b...
Tag this Judgment!Dalsingar Alias Dalloo Vs. State of Uttar Pradesh
Court: Allahabad
Decided on: Jan-19-1995
Reported in: 1995CriLJ2793
I.S. Mathur, J.1. This appeal is directed against the judgment and order dated 30-8-1979, passed by the Sessions Judge, Azamgarh, convicting the appellant for offence punishable under Section 302, I.P.C., and sentencing him to life imprisonment. The other five accused, who were tried under Sections 302/149, I.P.C, and Section 147, I.P.C., have been given benefit of doubt and acquitted.2. The State has not filed any appeal against the acquittal of the aforesaid persons.3. Faujdar, the brother of the appellant was murdered about 7 or 8 months before the date of the incident. The deceased Gulbadan was one of the named accused, vide first information report Ex. Ka. 16. He was arrested in connection with that case and had come out on bail some time before the incident. According to the prosecution the accused or some of them used to threaten the deceased Gulbadan of dire consequences. On 27-7-1978 at about 8 a.m., the deceased Gulbadan was getting his field irrigated. This field was about 1...
Tag this Judgment!Hridaya NaraIn Singh Vs. Hira Lal and Another
Court: Allahabad
Decided on: Jan-18-1995
Reported in: AIR1995All298
ORDER1. Heard Sri B. N. Uppadhyaya, holding brief of Sri Sankatha Rai, learned counsel appearing for the applicant and Sri S. K. Singh, learned counsel representing the opposite party No. 1.2. The plaintiff-opposite party No. 1 instituted in the Court of Civil Judge, Mirzapur Suit No. 202 of 1903 against Smt. Phulmati Devi, the defendant-opposite party No. 2, for specific performance of contract of sale of certain agricultural property entered into between them on 8th June, 1903. Sri Hridaya Narain Singh, the applicant in the instant revision, who is husband of the defendant-opposite party No. 2, moved an application for his impleadment to the suit under O.1, R. 10(2) of the Civil P. C., 1988, hereinafter called the Code.3. The claim of the applicant for being impleaded to the suit was based on the assertion that, in fact, he was the owner of the property which was subject-matter of con-tract of sale sought to be enforced in the suit; and that Smt. Phulmati Devi, the defendant-opposite...
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