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Chhattisgarh Court April 2003 Judgments

Apr 29 2003

Smt. Chandra Kiran Choudhary and ors. Vs. State of Chhattisgarh

Court: Chhattisgarh

Decided on: Apr-29-2003

Reported in: 2003(3)MPHT66(CG)

ORDERK.H.N. Kuranga, C.J.1. The petitioners have in this petition filed under Section 482 of the Code of Criminal Procedure prayed for quashing of the proceedings in Criminal Case No. 234 of 1999 pending on the file of the learned Judicial Magistrate, First Class, Raipur for trial for the offences punishable under Sections 498A and 323 read with Section 34 of the Indian Penal Code.The petitioners have stated in the petition as follows :--'(1) The marriage of petitioner No. 1 Chandra Kiran with petitioner No. 2 Ajay was solemnised at Mahasamund on 15-2-1994. The couple were living happily and peacefully but at the instigation of her parents and with a view to get her husband separated from the joint family she lodged FIR on 12-1-1996 with Mahasamund Police alleging commission of offences under Sections 498A and 323 read with Section 34 of the Indian Penal Code.(2) That, the petitioner No. 4 Anand Ram is the father-in-law and petitioner No. 3 Sushila Choudhary is the mother-in-law of pet...

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Apr 29 2003

Thanu Vs. State of Chhattisgarh

Court: Chhattisgarh

Decided on: Apr-29-2003

Reported in: 2003(4)MPHT50(CG)

L.C. Bhadoo, J.1. Both the appeals are being decided by this common judgment as they arise out of the common judgment dated 28-2-2002 passed by the Fourth Additional Sessions Judge, Jagdalpur, Bastar in Sessions Trial No. 28 of 1989.2. The accused/appellants have preferred these appeals under Section 374(2) of the Criminal Procedure Code being aggrieved by the judgment dated 28-2-2002 passed by the Fourth Additional Sessions Judge, Jagdalpur, Bastar in Sessions Trial No. 28 of 1989, by which learned Trial Court after holding the accused/appellants Thanu, Rajendra, Shankar Rao and Anish @ Gopu guilty of the offences punishable under Sections 147, 364 and 302 read with Section 149 of the Indian Penal Code convicted and sentenced each of them as follows :--Under Section 147, IPC, 2 years R.I. and fine of Rs, 100/- in default of payment of fine amount to undergo one month's R.I. Under Section 364, IPC, imprisonment for life and fine of Rs. 300/-, in default of payment of fine amount to und...

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Apr 29 2003

Sai Vs. State of Chhattisgarh

Court: Chhattisgarh

Decided on: Apr-29-2003

Reported in: 2003(3)MPHT72(CG)

L.C. Bhadoo, J.1. The accused/appellant has preferred this criminal appeal under Section 374(2) of Cr.PC, being aggrieved by the judgment dated 14-12-2000 passed by the 3rd Additional Sessions Judge, Bastar, Camp : Jagdalpur in S.T. No. 90/2000 by which the learned Additional Sessions Judge after holding the accused/appellant guilty for the offence punishable under Section 302 of IPC sentenced him to undergo imprisonment for life and to pay a fine of Rs. 5,000/-in default of payment of fine to further undergo R.I. for one year.2. The relevant prosecution story for the disposal of this criminal appeal is that on 12th August, 1999, at about 7.00 p.m., accused Sai came to the house of deceased Bannuram and started quarrelling in connection with some land dispute and he assaulted the deceased by piercing the arrow in the stomach of the deceased. On receiving the report, the Station House Officer, Barsur, registered a case and started investigation and got Bannuram medically examined. Injur...

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Apr 29 2003

Gaukaran Alias Phusaku and anr. Vs. State of Chhattisgarh

Court: Chhattisgarh

Decided on: Apr-29-2003

Reported in: 2003(4)MPHT37(CG)

L.C. Bhadoo, J. 1. The accused/appellants have preferred this criminal appeal under Section 374(2) of the Criminal Procedure Code being aggrieved by the judgment dated 19th February, 2000, passed by the Additional Sessions Judge, Khairagarh, by which the learned Additional Sessions Judge after holding the accused/appellants guilty under Section 302 of the Indian Penal Code sentenced them to undergo imprisonment for life and further each one of them was directed to pay a fine of Rs. 1,000/-, in default of payment of fine to further undergo six months rigorous imprisonment. 2. The relevant facts for the disposal of this criminal appeal are that on 18th April, 2000, Suresh Kumar gave a merg intimation to the Police Station, Lohara stating that he is the resident of Village Dhangan, his brother Sukhdev is residing separately with his wife and children in the village, he is constructing his house on a land allotted to him under the Indira Awas Yojana and in the night he used to sleep in the...

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Apr 29 2003

Nehru and anr. Vs. State of Chhattisgarh

Court: Chhattisgarh

Decided on: Apr-29-2003

Reported in: 2003(4)MPHT43(CG)

L.C. Bhadoo, J.1. Accused/appellants Nehru and Sainiklal have preferred this criminal appeal under Section 374(2) of the Code of Criminal Procedure being aggrieved by the judgment of conviction and sentence dated 19-1-2001 passed by the learned First Additional Sessions Judge, Raigarh in Sessions Trial No. 129 of 1999 by which the learned Additional Sessions Judge after holding the above accused persons guilty of the offence under Section 302 read with Section 34 of the Indian Penal Code convicted each of them under the said Section and sentenced to undergo imprisonment for life.2. The relevant facts for the disposal of this criminal appeal are that Mangal Singh gave Merg intimation (Ex. P-1) to Gharghoda Police Station on 25-4-1999 at 10.00 a.m. stating that his brother in relation Ramlal Majhi sowed paddy crop in his field and he used to go every day in the evening to watch the crop. As usual yesterday, i.e., 24-4-1999 in the evening at about 4.00 p.m. he left his residence for his a...

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Apr 28 2003

Accheram Navarang Vs. Union of India (Uoi) and ors.

Court: Chhattisgarh

Decided on: Apr-28-2003

Reported in: 2004(1)MPHT17(CG)

ORDERFakhruddin, J.1. This batch of petitions has been filed by the petitioners pursuant to the creation of States under the M.P. Reorganisation Act, 2000. The disputes relate to the allocation of the employees of the State Government. It is contended that under the provisions of the Act and policy framed by and or at the behest of the Central Government, options were invited. It is submitted that final allocation has been made and aggrieved by the same these petitions have been filed before this Court claiming reliefs mentioned therein.2. Learned Counsel for all the petitioners stated at the Bar that in the present batch of petitions, none of the petitioners is in judicial service or in the service of Vidhan Sabha. They all are employees of the departments other than the above said departments. It is also stated that some cases are listed at motion hearing and they are being heard analogously with consent of the parties finally, as copies have been supplied and the acknowledgments hav...

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