Andhra Pradesh Court November 1955 Judgments
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In Re: Madugula Jermiah
Court: Andhra Pradesh
Decided on: Nov-28-1955
Reported in: 1957CriLJ1071
Subba Rao, C.J.1. The accused was convicted by the Sessions Judge, KurnooJ, under Sections 302 and 392, I. P. C. and sentenced to transportation for life under the first count and to undergo rigorous imprisonment for seven years under the second count.2. The following genealogy may be useful to appreciate the unfolding of the prosecution case. VENGAMMA (deceased) BALA VENKATA | | Pullamma (D. 1951) ------------------------- | | | |----------------------------- Swamidas Thomas Roubbyn | | | (died May 1954) |Varmiah bhagyamma David Jeremiah(P.W. 5) (deceased) (Accused) Jayamma 3. Vengamma and her granddaughter Bhagyamma, the two victims, were residents of Bhima-varam. The accused is a resident of Ayyavarikodur, which is about 2-1/2 miles from Bhiinavaram. P.W. 5, who originally belonged to Regadi Gudur, was residing, since his marriage, with his wife Bhagyamma in Bhimavaram. Vengamma owned property worth Rs. 50,000 or Rs, 60,000 and that property was being managed by the accused and his ...
In Re: Yendrapragada Ramulu
Court: Andhra Pradesh
Decided on: Nov-16-1955
Reported in: 1957CriLJ949
Subba Rao, C.J.1. This Criminal Revision Petition was referred to a Bench by Satyanarayana Raju, J., on the ground that the Question raised is of some importance.2. The facts are simple. On 30th March, 1954, the Municipal Sanitary Inspector, Guntur, purchased 16 coffee tablets from the accused and sent a sample to the Chemical Analyst, Madras, for analysis. The Chemical Analyst, in his report, stated that the sample contained not more than 45 per cent, of coffee and at least 55 per cent, of foreign adulterant. Thereafter, the Municipal Health Officer, Guntur, filed a charge-sheet against the accused under Rule 37-A read with Rule 38 of the rules framed under Section 20 of the Madras Prevention of Adulteration Act (hereinafter referred to as the Act) alleging that, on 30th March, 1954, the accused sold a mixture of coffee powder adulterated with 50 per cent, of foreign adulterant as Mohini tablets.The accused not only denied the commission of the offence but also pleaded that he did not...
Rao Saheb Vs. Prayag Bai and anr.
Court: Andhra Pradesh
Decided on: Nov-11-1955
Reported in: 1956CriLJ1325
ORDERBilgrami, J.1. This is a reference by the District Magistrate at Bidar recommending that an order of the Munsiff Magistrate of Ahmedpur, dated 27th March, 1954, ordering the revision-petitioner to pay Rs. 20/- maintenance to his child, and wife. the opposite party be set aside. The respondents had applied under Section 488, Cr. P.C. on the ground that respondent 1 who is the wife was ill-treated and driven out from the house by the revision petitioner after he married a second wife and that he is refusing to maintain her and petitioner No. 2 his child by her.The revision petitioner denied these allegations and stated that he is prepared to support the petitioners if they come and live with him. The parties had previously arrived at an agreement on 10th of Meher, 1358 P. whereby the revision petitioner, the husband, undertook to give certain amount of grains yearly to the respondent and also Rs. 50/- and some wearing apparels.The learned District Magistrate is of opinion that this ...
Karnati Rangaiah Vs. A. Sultan MohiddIn and Brothers and ors.
Court: Andhra Pradesh
Decided on: Nov-08-1955
Reported in: AIR1957AP513
Bhimasankaram, J.1. This is an appeal against the decision of our learned brother Umamaheswaram J., in W. P. No. 375 of 1955, declining to issue a writ of mandamus or any either appropriate writ restraining the District Magistrate, Anantapur, from issuing a licence to the first respondent under Section 4 of the Cinematograph Act, II of 1918 (hereinafter called 'the Act').2. The facts material for the determination oft the questions of law raised before us are simple. The appellant is the proprietor of a theatre called 'Vauhini Kala Mandir' in the municipal town of Tadipatri. He has a licence under Section 4 of the Cinematograph Act to exhibit cinema shows in that theatre. The 1st respondent purchased a building in 1949 in which cinematograph films were being exhibited upto the year 1940 under a licence till then in force. As a result of certain defects pointed out by the Executive Engineer such exhibition was stopped in the year 1940. But before the defects were rectified, the Governme...
State Vs. Chand Khan
Court: Andhra Pradesh
Decided on: Nov-08-1955
Reported in: 1956CriLJ402
ORDERKumarayya, J.1. This is a reference by the learned Sessions Judge, Adilabad, recommending that the order of the First Class Magistrate, Nirmal, committing the accused Chand Khan for trial before the Sessions Judge, Adilabad be quashed.2. Chand Khan, the accused was charged for having beaten his wife very severely inflicting thereby injuries on the vital organs which resulted in her death the very next day. He was challaned under Section 304, I.P.C. by the Police before the Magistrate, Nirmal. The learned Magistrate after preliminary inquiry came to the conclusion that the accused has committed an offence falling under Section 304, I.P.C. for which he ought to be tried by the Court of Session and accordingly made a commitment order.On 13-6-1955, when the case came up for trial before the Sessions Judge, the learned Judge entertained a doubt whether the commitment could be in border as this case was triable by the Additional District Magistrate, Adilabad. who was invested with power...
In Re: K. Ramaswamy
Court: Andhra Pradesh
Decided on: Nov-03-1955
Reported in: 1956CriLJ971
ORDERChandra Reddy, J.1.The petitioner has been convicted by the Addl. First Class Magistrate, Nellore, under Section 19(f), Indian Arms Act. The case against him was when his house was searched on 12-10-1954 by the Police two live-cartridges were found in a deal-wood box. The plea of the accused was that he had no knowledge of the existence of these cartridges in his house and a nephew of his who was living with him and a young boy had picked them up from the neighbouring field and kept them there.The trial Court reached the conclusion that the petitioner was guilty because it was not prepared to believe that these cartridges were found in the circumstances mentioned by the petitioner. The petitioner was convicted and sentenced to a fine of its. 15/-.2. The conviction seems to be unsustainable. Prom the mere fact that the petitioner was the head of the family, it should not be presumed that ha was aware of the two live-cartridges being in the house. There is no presumption that when s...
Anna and ors. Vs. State of Hyderabad
Court: Andhra Pradesh
Decided on: Nov-02-1955
Reported in: 1956CriLJ887
Srinivasa Chari, J.1. Being a criminal case of murder where some of the accused have been sentenced to death and the case having come to us for confirmation of the sentences of death I ought to express my opinion about the case separately,2. These are three cases of confirmation and nine cases coming up in appeal on behalf of the accused who stood their trial before the Sessions Judge, Parbhani, on charges of conspiracy and murder.In these cases accused Nos. 1 and 2 have been sentenced to death under Section 302, Penal Code, and they are represented by Shri Nandapurkar. Accused 8 has also been sentenced to death under Section 302 read with Section 109 and he is represented by Shri Peerbhoy while accused 3, 4, 5, 6 and 7 have been sentenced to transportation for life having been convicted under Section 302 read with Section 109. These accused are represented by Shri Deshmukh and Shri Nandapurkar. Accused 9 also has been sentenced to transportation for life for offence under Section 302 ...
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