Chhattisgarh Court January 2001 Judgments
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Rohit Baghel Vs. State of Chhattisgarh
Court: Chhattisgarh
Decided on: Jan-31-2001
Reported in: 2001(5)MPHT1(CG)
ORDERW.A. Shishak, C.J.1. Heard.2. Crime No. 300/2000 under Sec. 379 I.P.C. and Sec. 26 Forest Act was registered against the petitioner and driver of the truck. The allegation is that the petitioner was transporting some 35 pieces of timber in a truck without valid transit permit. The petitioner contends that those 35 pieces of timber belong to him. Police seized the entire quantity of timber which is now in police custody. Driver of the truck has been released on bail. Charge-sheet also has been filed. Admittedly, the petitioner is the owner of the timber, in my opinion, it would be fair to allow the prayer for bail. Accordingly, the petition is disposed of with direction that the petitioner be released on bail of Rs. 1000/- (Rupees One Thousand) with one surety in the like amount to the satisfaction of C.J.M. Raipur for his appearance in the said Court/Trial Court or as and when so directed....
Mohandas Manikpuri Vs. State of Chhattisgarh
Court: Chhattisgarh
Decided on: Jan-30-2001
Reported in: 2001(2)MPHT20(CG)
ORDERW.A. Shishak, C.J.1. Heard.2. The applicant has been arrested by the Rajhara Police District Durg on 22-10-2000 in connection with an offence under Section 20 of the N.D.P.S. Act, 1985 and he has been in judicial custody since 23-10-2000. Charge-sheet was submitted on 16-11-2000. 3. Learned counsel representing the State is unable to give the actual progress and trial of the case registered as Special Case No. 15/2000 and is now pending before Special Judge at Durg. If found guilty, the applicant will be sentenced upto 5 years RI and also to pay fine. The case of prosecution is that contraband Ganja weighing 3 Kgs. and 8 live plants were recovered from the possession of the applicant. It is, therefore, submitted that since prima facie case is established, the applicant should not be granted bail during pendency of the trial where there is involvement of contraband articles. It is also further submitted that applicant being a resident within the territory of the District ofDurg, he...
Neelkanth Sahu and anr. Vs. Smt. Sohedra Bai
Court: Chhattisgarh
Decided on: Jan-23-2001
Reported in: II(2001)DMC386
R.S. Garg, J.Heard.1. Being aggrieved by the revisional order under which maintenance has been allowed in favour of the widow mother, the applicants/sons have filed this revision petition challenging the correctness, validity and propriety of the order granting maintenance.2. Submissions of the learned Counsel for the applicants are that the mother has 1 /3rd share in the property, therefore, she is not entitled to any maintenance, From the records it clearly appears that the widow has some share in the property left by her husband but she is not in possession of the said property and was required to file a suit for partition and possession. If that is so then it cannot be argued that the mother is possessed of some property from where she can maintain herself.3. The other limb of the argument of the learned Counsel for the applicants is that the daughter of the non-applicant, that is sister of the present applicants is maintaining the widow properly and for this reason also she would ...
Nisar Khan and Another Vs. State of Chhattisgarh
Court: Chhattisgarh
Decided on: Jan-22-2001
Reported in: 2001(1)MPHT19(CG)
ORDERR.S. Garg, J. 1. The applicants being aggrieved by the judgment dated 22-12-2000 passed in Criminal Appeal No. 158/94 by the learned Third Additional Sessions Judge, Durg, confirming the conviction and sentence recorded and awarded by the learned Judicial Magistrate, Durg in Criminal Case No. 302/94 on 27-10-94, convicting the appellants/applicants for the offence under Section 379 of the Indian Penal Code and sentencing them to R.I. for six months each, they have filed this revision petition.2. Learned counsel for the applicants is not challenging the findings regarding the guilt of the applicants but has submitted that the applicants were arrested in the year 1989, remained in jail for few days before they were released on bail by the Trial Court and are again in jail since 22-10-2000, i.e., from the date of the judgment in appeal and as they have undergone almost or little more than one month, the sentence awarded to each of the applicants be reduced to the period already under...
Shahid and Others Vs. State of M.P.
Court: Chhattisgarh
Decided on: Jan-22-2001
Reported in: 2001(2)MPHT139(CG)
R.S. Garg, J.1. This judgment shall dispose of Criminal Appeal No. 786/2000, Criminal Appeal No. 959/2000 and Criminal Appeal No. 843/2000.2. The prosecution case in brief is that on 20-5-99, Sub- Inspector, S.B. Meshram, was on patrol and during the routine checking, he found a white Ambassador car, bearing No. M.P. 17-B/1664 coming towards the toll-tax check point. The vehicle was stopped and search was taken, in the search contraband ganja was recovered. The occupants of the vehicle when put under interrogation said that they were Shahid, Jagdish and Pramod, the present appellants. Immediately a notice under Section 50 of the N.D.P.S. Act was given to each of the appellants and after obtaining their no objection, further search was taken, contraband ganja was recovered. After seizure, the said ganja was weighed. According to the weighment panchanama, the total quantity of ganja was about 24 kg. Two samples of 30 gms. each were drawn from the said bags and were sealed properly. The a...
Pardeshiram Vs. Smt. Rampyari
Court: Chhattisgarh
Decided on: Jan-22-2001
Reported in: 2001(1)MPHT21(CG)
ORDERR.S. Garg, J. 1. Heard.2. The grievance of the applicant is that the first petition of the wife for grant of maintenance was rejected by the Courts on the ground that she was living an adulterous life, therefore, the second application could not be allowed. From the orders passed by the two Courts, it appears that after the first order attained finality, the husband condoned the lapses committed by the wife and the parties started living together. It is only after the second desertion, the wife has filed the second application.3. After the husband had condoned the lapses committed by the wife, the effect of the first order would stand washed off, and, the wife certainly would be entitled to claim maintenance on a fresh cause of action.4. So far as the question of the amount of maintenance being excessive isconcerned, the same can straight away be rejected, because the Court below has allowed hardly a sum of Rs. 350/- per month to the respondent. 5. I find no reason to interfere. T...
Abdul Kadir Siddiqui and Another Vs. State of Chhattisgarh
Court: Chhattisgarh
Decided on: Jan-18-2001
Reported in: 2001(1)MPHT30(CG)
ORDERR.G. Garg, J.1. By this petition under Section 397/401 of Cr.P.C. the petitioners seek to challenge the correctness, validity and propriety of the order dated 1-8-2000 passed in Sessions Trial No. 211/99 by the learned Addl. Session Judge, Balod(Durg).2. The prosecution case, in short, is that when the prosecutrix Preeti @ Pummi was going from one place to another, a Jeep stopped near her. Applicant No. 1 Abdul Kadir Siddiqui alighted from the Jeep, gagged the mouth of the girl and after holding her neck, look her away in the Jeep. At that point of time the driver of the Jeep required the accused Abdul Kadir to conduct himself properly, on which applicant No. 1 & applicant No. 2 threatened the said driver and required him to mind his own business.3. After making the investigation, the police filed the challan and the Committal Court finding that there was prima facie evidence to connect the applicants with the alleged crime; committed the case to the Court of Sessions.4. The learn...
Mst. Janki Bai and Another Vs. State of M.P.
Court: Chhattisgarh
Decided on: Jan-15-2001
Reported in: 2001(1)MPHT27(CG)
R.S. Garg, J.1. By this revision petition the applicants seek to challenge the correctness, validity and propriety of the judgment passed in Criminal Appeal No. 123 of 1999 by the learned Sessions Judge, Raigarh on 5-1-2000, while setting aside the conviction of the applicants recorded by the Trial Court for offences punishable under Sections 186 and 353 hut convicting them for offences punishable under Section 323, IPC has awarded them three months R.I.2. On the prosecution allegations that on the date of the incident the present applicants pelted stones on the revenue party, when the revenue party had gone to deliver possession of the premises to the third party and even after interference of the police they did not stop rather continued pelting stones on the police personnel a case was registered against the applicants. On completion of the investigation the challan was filed before the Competent Court on which Criminal Case No. 719 of 1997 was registered. The learned Judicial Magis...
Kadir Ahmed Vs. State of Chhattisgarh
Court: Chhattisgarh
Decided on: Jan-12-2001
Reported in: 2001(1)MPHT18(CG)
ORDERR.S. Garg, J.1. The Investigating Officer is also present. On enquiry, he informed the Court that by some mistake he made a wrong endorsement in his diary that the patient was fit for giving a dying declaration. According to the report of the doctor, the patient was unconscious and unfit for making the dying declaration. He however submits that had he had received the information that the patientwas fit for making the dying declaration, then he would have certainly issued a memorandum for recording the dying declaration.2. Smt. Ahuja submits that at about 9.45 p.m., in reply to the query made by the Investigating Officer, the doctor on duty informed the said Officer that the patient was unconscious and unfit for making the dying declaration. She further submits that if that is so the statements of Jamal Begum and number of others that the deceased made the dying declaration in their presence at 10 p.m. would be a tell-tale. She submits that the applicant deserves to be released on...
Ramdil Vs. State of M.P. (Chhattisgarh)
Court: Chhattisgarh
Decided on: Jan-12-2001
Reported in: 2002CriLJ861; 2001(2)MPHT4(CG)
R.S. Garg, J. 1. Being aggrieved by the judgment dated 14-9-1999 passed in Sessions Trial No. 312/98 by the learned First Addl. Sessions Judge, Ambikapur convicting the appellant under Section 376/511, IPC and sentencing him to undergo rigorous imprisonment for six years, the appellant has filed this appeal.2. The prosecution case in brief is that on night of 3-9-1998 at about 11.00 p.m. when the prosecutrix was all alone at home the applicant knocked the door, entered in the house, fell the prosecutrix on ground and committed rape upon her. The matter was reported to the police and after completion of the investigation a charge-sheet was filed against the appellant. As the accused denied the commission of offence, he was put to trial.3. After recording the evidence and hearing the parties, the learned Trial Court held that the prosecution could not bring home the guilt punishable under Section 376, IPC but was successful in bringing home the guilt punishable under Section 376/511, IPC...
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