Andhra Pradesh Court September 1953 Judgments
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Mahajan and ors. Vs. State of Hyderabad
Court: Andhra Pradesh
Decided on: Sep-28-1953
Reported in: 1954CriLJ767
Mohd. Ahmed Ansari, J.1. These three appeals have been filed against a judgment of the Sessions Court, Nanded, holding the three appellants, Mahajan, Babu and Yadav Rao, guilty of having murdered four persons in. a forest adjoining a village called Rajura Buzarg, and sentencing the appellants to life imprisonments.2. The deceased are Jalba, the husband of Tanabai, Ramchander, a son of Tanabai by her predeceased husband, Hanmantha, the brother of Tanabai and Nago Rao, a son of Jalba by Tanabai. These persons were killed on May 9, 1951, at about 9 A.M. and in the evening of the same day the appellants were brought to the police station house of Mukarramabad where their blood-stained clothes and lathies were seized by the police after panchanamas relating to the articles had been prepared. The documents are marked as Exs. 1, 2 and 3, and were written at about 9 P.M. The appellants were then sent to the Magistrate for purposes of getting remand on May 10, and the Magistrate on May 11, gran...
Waheed Hasan Khan Vs. State of Hyderabad
Court: Andhra Pradesh
Decided on: Sep-10-1953
Reported in: 1954CriLJ1397
Syed Qamar Hasan, J.1. This reference to a larger Bench under Section 10 (2), Hyderabad High Court Act calls for the determination of the following questions:(1) Whether the opportunity of further cross examination given to an accused under Sub-section (2) of Section 267A of the repealed Hyderabad Criminal P. C. is, a substantive right Which could be exercised by an accused in a trial commencing under the Indian Criminal P. C. after its application to the State on 1-4-51, or whether the trial should be conducted only in accordance with the Indian Criminal P. C., without the accused being given an opportunity of further cross, examination?(2) Even assuming that the opportunity of further cross-examination is a vested right, whether Sub-section (3) of Section 25, Criminal P. C. (Amendment) Act of 1951 has not taken away that right expressly or by necessary implication?(3) If the answer to questions (1) and (2) above is that the opportunity of further cross-examination under the old Code ...
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