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Chhattisgarh Court August 2003 Judgments

Aug 21 2003

Somesh Das Vs. State of Chhattisgarh

Court: Chhattisgarh

Decided on: Aug-21-2003

Reported in: 2004CriLJ680; 2004(2)MPHT17(CG)

ORDERL.C. Bhadoo, J.1. The accused/applicant has preferred this application under Section 438 of the Cr.PC, apprehending arrest in Crime No. 88/2003, Police Station, Surajpur, District Sarguja, of the offence punishable under Sections 294 and 506 of the IPC and Section, 3(i)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 for releasing him on anticipatory bail before arrest.2. The prosecution case is that on 27-4-2003 Naib Tehsildar had convened a meeting of villagers in the primary school of the Village Gaitera with regard to settlement of disputes of the claimants whose land was acquired for South Eastern Coalfields Ltd., and in that meeting the complainant and other persons were present, Naib Tehsildar H.S. Dhurve, Up Tehsil Lakhanpur was also present. At about 3 p.m. accused Somesh Das Bangali arrived at that place in his car. On seeing him, complainant Kalicharan greeted him. Accused Somesh Das Bangali started abusing him with the filthy langua...

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Aug 18 2003

Ashish Sharma and ors. Vs. State of Chhattisgarh and ors.

Court: Chhattisgarh

Decided on: Aug-18-2003

Reported in: AIR2004Chh27

ORDERL.C. Bhadoo, J.1. The petitioner who appeared in the Pre Medical Test for admission to first year's M. B. B. S. course for the academic session 2003-2004 and secured 30th, 31st, 38th, 48th and 50th positions in the merit list prepared by the respondents, have questioned the legality, validity and propriety of the action of the respondents 1 to 3 by which the respondents after setting apart 30% seats for women candidates out of 42 seats meant for the open category prepared general merit list. They have challenged that the action of respondents with regard to allocation of seats to women candidates is violative of the concept of horizontal reservation. Horizontal reservation for women in each of the category is under Article 15(1) of the Constitution of India and not under Article 15(4), which is meant for vertical reservation.2. After preparation of scheme by the respondents for conducting the premedical entrance test, Chhattisgarh Madhyamik Shiksha Mandal, Pension Bada, Raipur, is...

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Aug 18 2003

Dr. Sanjeev Kumar Agarwal Vs. State of Chhattisgarh and ors.

Court: Chhattisgarh

Decided on: Aug-18-2003

Reported in: AIR2004Chh1

ORDERL.C. Bhadoo, J.1. The petitioner who is a student of postgraduate Medical course (Anaesthesia) of Medical College, Raipur and pursing his post graduation studies in that college has preferred this writ petition under Article 226/227 of the Constitution of India seeking direction that to direct the respondents to give admission to the petitioner in MS (General Surgery) against a seat which is lying vacant since beginning.2. The petitioner's petition is that the respondent No. 1 State of Chhattisgarh made Chhattisgarh Medical Snatkottar Pravesh Pariksha Niyam 2002. The said rules came into force on 15-5-2002 and the aims and objects of making the Pre-P.G. Rules 2002 were to fill the State quota seats through the State Pre-P.G. Examination.3. The Pre-P.G. Rules laid down the specific eligibility criteria as mentioned in Clause 6 thereof which a candidate is required to fulfill seeking admission to post graduate courses. The petitioner fulfilled all the criteria fixed under the Pre-P....

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Aug 13 2003

Shivmangal Vs. State of Chhattisgarh

Court: Chhattisgarh

Decided on: Aug-13-2003

Reported in: 2004CriLJ1453

L.C. Bhadoo, J.1. Accused/appellant Shivmangal has preferred this criminal appeal under Section 374(2) of the Code of Criminal Procedure, 1973 being aggrieved by the judgment of conviction and sentence dated 30-8-2002. passed by the learned Additional Sessions Judge, Bilaspur in Sessions Trial No. 526 of 2001 by which the learned Additional Sessions Judge after holding the accused/appellant guilty of the offence punishable under Section 302 of the Indian Penal Code convicted and sentenced him to undergo imprisonment for life and to pay a fine of Rs. 200/- in default of payment of fine to further undergo rigorous imprisonment for fifteen days.2. The case of the prosecution in brief is that the wife of the accused/appellant namely Jospheena died in the intervening night of 12th and 13th August 2001 at about 12.00 O'clock. The accused/appellant informed this fact to the parents of Jospheena. On 13-8-2001 the parents of deceased-Jospheena came and they advised the accused to report the mat...

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Aug 13 2003

Anwar Khan Vs. State of Madhya Pradesh

Court: Chhattisgarh

Decided on: Aug-13-2003

Reported in: 2004CriLJ1653

L.C. Bhadoo, J.1. Accused/appellant Anwar Khan has preferred this criminal appeal under Section 374(2) of the Cr. P.C. through the Superintendent of Jail, Raipur, being aggrieved by the judgment of conviction and sentence dated 20th April, 1995, passed by the Additional Sessions Judge, Khairagarh, in Sessions Trial No. 142/93, by which the learned Additional Sessions Judge after holding the accused/appellant guilty of the commission of the offences under Sections 449, 302, 394 read with Sections 397 and 201 of the IPC, sentenced him to undergo rigorous imprisonment for ten years and to pay a fine of Rs. 500/-, in default of payment of fine to undergo further rigorous imprisonment for three months under Section 449 of the IPC, to undergo imprisonment for life and pay a fine of Rs. 1,000/-, in default of payment of fine to undergo further rigorous imprisonment for six months under Section 302 of the IPC and to undergo rigorous imprisonment for seven years on two counts under Section 394 ...

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Aug 07 2003

State of Chhattisgarh Vs. Komal Prasad Pandey

Court: Chhattisgarh

Decided on: Aug-07-2003

Reported in: 2004(1)MPHT62(CG)

L.C. Bhadoo, J.1. Accused/appellant Komal Prasad Pandcy was tried by the Second Additional Sessions Judge, Mungeli, District Bilaspur in Sessions Trial Nos. 326/99, 330/99 and 331/99 for the commission of the offences punishable under Section 302 of the Indian Penal Code and Section 23(1B)(h) read with Section 4 of the Arms Act for committing the murders of Shanti Bai, her husband Raghuvcr Prasad Pandcy and her son Ashutosh Pandcy. The learned Additional Sessions Judge by his judgment dated 17th April, 2002 after holding the accused guilty of the offences under Section 302, IPC and Section 25(1B)(b) read with Section 4 of the Arms Act in each of the three cases sentenced him to death for the offences under Section 302, IPC and to undergo rigorous imprisonment for 3 years and to pay a fine of Rs. 500/-, in default of payment of fine to further undergo rigorous imprisonment for 2 months for the offence under Section 25(1B)(b) read with Section 4 of the Arms Act.2. Criminal Appeal No. 646...

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