Court : Chhattisgarh
Reported in : 2002CriLJ1906; 2001(2)MPHT23(CG)
ORDERR.S. Garg, J. 1. This is a reference under Section 366 of the Code of Criminal Procedure, as the learned Additional Sessions Judge, Khairagarh (Sessions Division Rajnandgaon) in Sessions Trial No. 64/2000, vide its judgment dated 29-9-2000, finding the accused guilty under Section 302, IPC has awarded extreme penalty/capital punishment. The accused being aggrieved by the judgment and sentences awarded to him has filed Criminal Appeal No. 2653/2000 challenging the correctness, propriety and validity of the judgment and the findings recorded by it.2. This judgment shall dispose of Criminal Reference No. 1/2000 and Criminal Appeal No. 2653/2000.3. The charge against the accused is that in between 9th October, 99 and 13th October, 99 he committed murder of his mother Khwajan Bi and thereby committed an offence punishable under Section 302, IPC. The accused was also charged for an offence punishable under Section 201, IPC on the ground that to cause disappearance of the material eviden...
Tag this Judgment!Court : Chhattisgarh
Reported in : II(2002)DMC428
ORDERR.S. Garg, J.1. Heard. This order shall dispose of M. Cr. C. No. 331/2001, Kamla Bai Shriwas v. State of Chhattisgarh, and M. Cr. C. No. 335/2001, Barat Ram and Anr. v. State of Chhattisgarh.2. On 13.2.2001 while going through the case-diary and day-to-day proceedings recorded by the Investigating Officer Mr. K.S. Dhruv, I found that there was mention of certain statements which were recorded by said K.S. Dhruv. I was surprised to see that the said statements were not available in the casediary. I required the learned Counsel for the State to call Mr. K.S. Dhruv, along with the said statements and explain his conduct.3. In accordance with the proceedings dated 13.2,2001, Mr. K.S. Dhruv, Investigating Officer, is present in the Court with the statements of Kamla Bai, Lakhan Lal, Barat Ram, Shriram, Bisahin Bai and Purushottam. The said statements were recorded on 24.9.2000.4. Learned Counsel of the State after going through these statements submits that if these statements/document...
Tag this Judgment!Court : Chhattisgarh
Reported in : 2001(2)MPHT13(CG)
R.S. Garg, J. 1. The applicant being aggrieved by the judgment dated 16-2-2001 passed in Criminal Appeal No. 96/99 by the learned Second Addl. Sessions Judge, Raigarh has filed this revision petition.2. For an offence punishable under Section 379, IPC the police after investigation filed the challan. The Judicial Magistrate First Class registered Criminal Case No. 131/98. The said trial resulted in conviction of the applicant and the learned Trial Court was pleased to award rigorous imprisonment for one year and imposed fine of Rs. 200/-, in default of payment of fine the applicant was required to go three month's imprisonment.3. The learned counsel for the applicant submits that the judgment dated 16-2-2001 is not only cryptic and cavalier, but in fact does not meet the mandatory requirement of law. Learned counsel submits that a perusal of the judgment would show that the Court below has refused to apply its mind to the facts of the case and has simply decided the appeal on question ...
Tag this Judgment!Court : Chhattisgarh
Reported in : 2001(5)MPHT6(CG)
ORDERR.S. Garg, J.1. Anticipating arrest in connection with Crime No. 320/2000 of Police Station Civil Lines (Raipur) for offences punishable u/s 304-B and 498-A IPC the applicant has filed this petition under Section 438 Cr.P.C.2. Undisputedly accused Resham Lal, who is facing almost similar allegation has been admitted to bail. In the affidavit of the deceased sworn much before she had written a letter to her mother, she did not make any allegation against the applicant, and in the letter written somewhere in the June, 2000 she has made some passing remark against the applicant. I do not consider that the applicant is dis-entitled from getting an order under Section 438 Cr.P.C. The petition is allowed.3. In the event of arrest of the present applicant, on her furnishing a personal bond in a sum of Rs. 10,000/- with one surety in the like amount to the satisfaction of the Police Officer arresting him, she shall immediately be released on bail by the said officer for her appearance bef...
Tag this Judgment!Court : Chhattisgarh
Reported in : 2001(3)MPHT23(CG)
ORDERR.S. Garg, J. 1. By this appeal, the appellant challenges the correctness, validity and propriety so also the findings recorded by the Court below in its judgment dated 31-1-1998 passed in Sessions Trial No. 289/1996 convicting the appellant for offence punishable under Section 302, IPC and sentencing him to undergo imprisonment for life.2. The prosecution case in brief is that the deceased Ramcharan and the appellant/accused Ramhari were cousins, in relation to certain ancestral properties and its division certain disputes were going on between the said parties. It is also stated by the prosecution that deceased Ramcharan used to abuse the accused and his family members. On 15th Feb., 1998, as alleged, at about 7 p.m. when the accused came to his house, he found that the deceased was abusing his family members. On this the accused armed with a 'Farsi' opened an assault on the deceased, caused him as many as 11 injuries, as a result of which the deceased died on the spot. The pros...
Tag this Judgment!Court : Chhattisgarh
Reported in : 2001(2)MPHT96(CG)
ORDERR.S. Garg, J. 1. The petitioner, a practising advocate inter alia alleging that he being interested in the Constitution of India and the happenings of social andpolitical events in the State of Chhattisgarh is entitled to file this pro-bono-publico.2. The petitioner submits that the respondent No. 1, elected M.L.A. of the legislative constituency, Marwahi, District Bilaspur, had resigned between last week of December, 2000 and first week of January, 2001 from his office. The respondent No. 2 had accepted the resignation tendered by the respondent No. 1 in a servile manner without taking the attending circumstances, intent and object of the Constitution, while the respondent No. 2 was obliged to take into consideration the attending circumstances which persuaded the respondent No. 1 to tender his resignation, the intention behind tendering the resignation and the object behind constitutional provisions. It is further submitted that in the normal course of business, the respondent N...
Tag this Judgment!Court : Chhattisgarh
Reported in : 2001(2)MPHT77(CG)
ORDERR.S. Garg, J. Heard .1. Diary of Crime No. 1046/2000 of Police Station Chhaoni Distt. Durg, for the offence punishable under Section 20B of NDPS Act, perused.2. Learned counsel for the applicant without making any reference to the merits of the matter submits that as possession of Ganja has been considered to be an offence under the provisions of M.P. Excise Act, 1915 and as in view of Section 81 of NDPS Act, 1985, the provisions of the said Act have been saved, and as in accordance with Section 82 which deals with repeals and savings, M.P. Excise Act, 1915 has not been repealed, the field relating to Ganja would still be covered by the provisions of Excise Act, 1915 and the provisions of NDPS Act, especially Sections 8, 20 and 37 would not be applicable. According to him, as the provisions of NDPS Act, are applicable, the bar contained in Section 37 would also not apply.3. Ms. Singhai, learned counsel for the State has opposed the application.4. Undisputedly, before enforcement o...
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