Andhra Pradesh Court August 1951 Judgments
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The State of Hyderabad Vs. Baquer Hussain
Court: Andhra Pradesh
Decided on: Aug-22-1951
Reported in: 1952CriLJ352
ORDER1. This is a petition for leave to appeal to the Supreme Court under Section 134(c) of the Constitution of India.2. The facts leading to this petition are that one Baquer Hussain was charged and convicted under Sections 134, 217, 263, 330/71 and 389/ 71, of the Hyderabad Penal Code. The accused appealed to the High Court and the High Court acquitted him of all the charges. On behalf of the Government this petition is filed for leave to appeal to Supreme Court. Advocate-General argues that this is a fit case in which leave should be granted. In separate but concurrent judgments of the Division Bench it has been held that the accused cannot be convicted for abetment as there was no charge framed against the accused. The Advocate-General contends that this is not according to law. There are several authorities in which it has been held that though the substantive offence is not proved yet if all the Ingredients disclosed in the offence of abetment were substantiated the accused can b...
G. Kistareddy and ors. Vs. Commr. of City Police
Court: Andhra Pradesh
Decided on: Aug-20-1951
Reported in: 1952CriLJ340
1. This is an application for the issue of a writ of certiorari against; the Commissioner of the City Police, Hyderabad, complaining that; under his orders, the petitioner was dispossessed of the land in dispute which is adjacent to the Putlibavidi Police Station, the Police Authorities having held that the same is part of the Police Station premises.2. Mr. B. Narayana Rao, learned Advocate for the petitioner contends that the title to the said property is in favour of his client and that even otherwise it was not within the competence of the Police Authorities to take the law into their own hands to dispossess the petitioner against his will making a departmental enquiry and deciding the issue in their own favour. He further Urges that if the Police have any el aim to the property, the matter should have been litigated in ordinary civil Courts as between party to party instead of recourse to such forcible possession. He contends that such action on the part of the Police amounts to in...
State of Hyderabad Vs. Siddappa and ors.
Court: Andhra Pradesh
Decided on: Aug-09-1951
Reported in: 1953CriLJ1141
Srinivasachari, J.1. This is an appeal on behalf of the State against the judgment of the Sessions Judge., Gulbarga, acquitting six accused who were charged under Sections 124 and 243, Hyderabad Penal Code. The story of the prosecution is that on 8th Amardad 1356 F., at about 8 a.m. the six accused went to the land known as Saharai Indola situated in Nilanga Taluq, Bidar District and finding the deceased, Basappa, sowing seeds and cultivating the land which,, according to the accused belonged to them, inflicted severe injuries on Basappa and in consequence of which Basappa died and Sharnappa received severe injuries. The accused were charged with the murder of Basappa and for rioting. The accused denied the committing of the crime. On behalf of the prosecution eleven witnesses were examined, of whom P.Ws. 7, 8 and 9 were examined as eye-witnesses. It was stated by the prosecution that the motive for the crime was a dispute between the party of the accused and the party of the deceased ...
Joshi Reddy Vs. State of Hyderabad
Court: Andhra Pradesh
Decided on: Aug-01-1951
Reported in: 1952CriLJ702
ORDER1. This is a revision application by a person convicted under Sections 386 and 368, H.P.C. to a term of six months' rigorous imprisonment, but the sentence was kept in abeyance under the provisions of Section 530, H. Criminal P.C. corresponding to Section 562 of the Indian Criminal Procedure Code on the accused furnishing security to the extent of Rs. 5,000/- for good behaviour for a period of two years, Against the order of conviction the accused filed an appeal before the District Magistrate. The District Magistrate held that the appeal was incompetent as the accused was not really undergoing imprisonment by reason of the application of Section 530, H. Cr.P.C. Against that order and also against the order of the Munsif-Magistrate finding the accused guilty of the offence, the accused has come in revision before us, that though Section 530, H. Cr.P.C, was applied still the accused is a person convicted of the offence, he having been found guilty, and that consequently he is entit...
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