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Chhattisgarh Court May 2003 Judgments

May 09 2003

Tarun Chatterjee Vs. Vinod Kumar Naik and ors.

Court: Chhattisgarh

Decided on: May-09-2003

Reported in: 2003(4)MPHT17(CG)

ORDERFakhruddin, J. 1. The applicant has moved this Court by filing a revision petition under Section 441F (2) of the Municipal Corporation Act, 1956 against the judgment and order dated 25-4-2003 passed in Election Petition No. 2/2002 by the District Judge, Raipur, challenging the election of Mayor having been declared void. The applicant has also sought for stay of the effect and operation of the said order passed by the Election Tribunal.2. The revision petition has already been admitted for hearing. Arguments have been advanced by the Counsel for the parties. Advocate General of the State of Chhattisgarh has also addressed.3. Before dealing with the factual matrix, it is pertinent to mention here that learned Counsel for the parties have referred to the provisions of Articles 190, 191, 192, 243P, 243Q, 243R and 243V. The provisions of Schedule VII - Entries 72, 73 and 74 of List I - Union List, Schedule VII -Entries 37, 38 and 39 of List II - State List have also been referred. Cer...

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May 07 2003

Mukesh Sahu Vs. State of Chhattisgarh

Court: Chhattisgarh

Decided on: May-07-2003

Reported in: 2003(4)MPHT57(CG)

L.C. Bhadoo, J.1. Accused/appellant Mukesh Sahu has preferred this criminal appeal under Section 374(2) of the Code of Criminal procedure being aggrieved by the judgment of conviction and sentence dated 18-12-2000 passed by the learned First Additional Sessions Judge, Mahasamund in Sessions Trial No. 97 of 2000 by which the learned Additional Sessions Judge after holding the above accused/appellant guilty of the offence under Section 302 of the Indian Penal Code convicted him under the said Section and sentenced him to undergo imprisonment for life and to pay a fine of Rs. 1,000/- in default of payment of fine to further undergo rigorous imprisonment for six months.2. The relevant facts for the disposal of this criminal appeal are that on 22-10-1999 at about 7.30 a.m. Dilip Kumar Sahu gave Merg intimation (Ex. P-13) to Mahasamund Police Station to the effect that the dead body of his brother namely Santosh Sahu is lying in Laldaripara near the house of one Ansari Babu. There are head i...

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May 07 2003

Dilaram Manjhi Vs. State of Chhattisgarh

Court: Chhattisgarh

Decided on: May-07-2003

Reported in: 2003(3)MPHT76(CG)

L.C. Bhadoo, J. 1. The accused/appellant Dilaram Manjhi has preferred this appeal under Section 374(2) of the Criminal Procedure Code through the Superintendent of Jail, Bilaspur being aggrieved by the judgment of conviction dated 21-6-2001 passed by the third Additional Sessions Judge, Raigarh by which learned Additional Sessions Judge after holding the accused/appellant guilty under Section 302 of the Indian Penal Code sentenced him to undergo imprisonment for life.2. The relevant prosecution story for the disposal of this criminal appeal is that on 31st July, 2000 at about 7 p.m. in the evening in the Village Nawadih Kudumkela the accused/appellant by causing the injury by means of lathi on the head caused murder of Jigni Bai. At that time her husband Rantaram and son Amal Singh were not at the residence as they had gone for working in agricultural field. When in the evening the husband and son of Jigni Bai returned from their work they saw the injury on forehead of Jigni Bai and en...

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May 07 2003

Purru Alias Laxmi Narayan Vs. State of Madhya Pradesh (Now Chhattisgar ...

Court: Chhattisgarh

Decided on: May-07-2003

Reported in: 2004CriLJ870; 2003(4)MPHT65(CG)

L.C. Bhadoo, J. 1. The appellant has preferred this criminal appeal through the Superintendent of Jail, Bilaspur being aggrieved by the judgment dated 29-8-97 of conviction passed by the Second Additional Sessions Judge, Bilaspur by which the learned Additional Sessions Judge after holding the accused/appellant guilty convicted him under Section 302 of the IPC and sentenced to undergo imprisonment for life and pay a fine of Rs. 100/-, in default of payment of fine to further undergo simple imprisonment for fifteen days.2. The relevant facts for the disposal of this appeal are that deceased Khemu Singh, the Sarpanch of village was the son of Purani Singh. On 10-9-96 at about 4 p.m. when Amarnath was sitting on the Chabutara of Shivaram and Shivaram was also present there, at that time accused/appellant Purru alias Laxmi Narayan also came there and after some time deceased Sarpanch Khemu Singh also came and asked the accused/appellant as to why he is regularly roaming in the street. On t...

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May 07 2003

Bhanu Kanwar Vs. State of Chhattisgarh

Court: Chhattisgarh

Decided on: May-07-2003

Reported in: 2004CriLJ2931; 2003(4)MPHT8(CG)

L.C. Bhadoo, J. 1. The accused/appellant has preferred this criminal appeal under Section 374(2) of the Criminal Procedure Code being aggrieved by the judgment dated 24th February, 2000, of conviction passed by the First Additional Sessions, Judge, Durg, by which the learned Additional Sessions Judge after holding the accused/appellant guilty under Sections 302 and 201 of the Indian Penal Code sentenced him to undergo imprisonment for life under Section 302 of the IPC and to undergo RI for seven years and pay a fine of Rs. 1,000/-, in default of payment of fine to further undergo R.I. for six months under Section 201 of the IPC. Both the sentences were directed to run concurrently.2. The relevant prosecution story for the disposal of this criminal appeal is that deceased Tikeshwari Bai was from Sahu Samaj and accused/appellant Bhanu Kanwar was from Kanwar Samaj. They fell in love with each other and on account of their physical relations deceased Tikeshwari Bai became pregnant. Panchay...

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May 07 2003

Smt. Saraswatibai Vs. State of Chhattisgarh

Court: Chhattisgarh

Decided on: May-07-2003

Reported in: 2003(4)MPHT3(CG)

L.C. Bhadoo, J. 1. Accused/appellant Saraswatibai has preferred this criminal appeal under Section 374(2) of the Code of Criminal Procedure being aggrieved by the judgment of conviction dated 23-7-2001 passed by the learned Seventh Additional Sessions Judge, Raipur by which the learned Additional Sessions Judge after holding the above accused/appellant guilty of the offence under Sections 302 and 309 of the Indian Penal Code convicted her under the said Sections and sentenced her to undergo imprisonment for life and to undergo simple imprisonment for one year, respectively.2. The relevant prosecution story for the disposal of this criminal appeal is that the accused/appellant was living in Village Sandi along with her daughter Santoshi Bai (since deceased) aged about five years. The accused is a lady of weak mind and she used to earn her livelihood by begging. She is also a lady of ill temperament. On the fateful day when the daughter of the accused demanded water, the accused became a...

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May 07 2003

Tejram and anr. Vs. State of Chhattisgarh

Court: Chhattisgarh

Decided on: May-07-2003

Reported in: 2003CriLJ4529; 2003(4)MPHT73(CG)

L.C. Bhadoo, J.1. Accused/appellants Tejram and Kheduram have preferred this criminal appeal under Section 374(2) of the Code of Criminal Procedure being aggrieved by the judgment of conviction dated 9-6-2001 passed by the learned Additional Sessions Judge, Balod, District Durg by which the learned Additional Sessions Judge after holding the above accused/appellants guilty of the offence under Section 302, in the alternative under Section 302 read with Section 34 and Section 201 of the Indian Penal Code convicted each of them under the said Sections and sentenced them to undergo imprisonment for life and to pay fine of Rs. 1,000/- each in default of payment of fine to further undergo rigorous imprisonment for six months and to undergo rigorous imprisonment for three years and to pay fine of Rs. 500/- each in default of payment of fine to further undergo rigorous imprisonment for three months, respectively. Both the sentences were directed to run concurrently. However, accused Bhagwat w...

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