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Chhattisgarh Court December 2006 Judgments

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Dec 04 2006

Girjabai Vs. State of Madhya Pradesh (Now Chhattisgarh)

Court: Chhattisgarh

Decided on: Dec-04-2006

Reported in: II(2007)DMC797; 2007(1)MPHT127(CG)

L.C. Bhadoo, J.1. By this appeal under Section 374(2) of the Cr.P.C. accused Girjabai has questioned legality, correctness of the judgment of conviction and order of sentence dated 2-5-2000 passed by 2nd Additional Sessions Judge, Baloda Bazar, District Raipur, in S.T. No. 57/2000 whereby learned Additional Sessions Judge after holding the accused/appellant guilty for commission of offence under Section 302 of the IPC, for committing murder of her daughter-in-law namely, Nisha Bai, sentenced her to undergo imprisonment for life and to pay a fine of Rs. 1,000/-, in default of payment of fine to further undergo S.I. for 6 months.2. Prosecution case, in brief, is that on 17-12-99 Rooplal Sahu gave Dehati Nalishi Exh. P-2 to the Station House Officer, Police Station Kasdol to the effect that he is resident of Village Sarkhor. Today he and Kotwar Chamradas were going to Hawaldar, who came in the village in connection with investigation. At that time, they heard the word 'Jai Santoshi Maa' f...


Dec 04 2006

Dhaneshwar Soni Vs. State of Chhattisgarh and anr.

Court: Chhattisgarh

Decided on: Dec-04-2006

Reported in: 2007(1)MPHT54

ORDERSatish K. Agnihotri, J.1. By this petition filed under Article 226/227 of the Constitution of India, the petitioner seeks directions to respondent No. 2 to revoke the order of suspension of the petitioner dated 28-10-1995 (Annexure P-3), to treat the petitioner as on duty on the post of Chowkidar and to grant the petitioner the arrears of difference amount of salary from the date of suspension with interest at the rate of 24% per annum.2. The facts in brief are that the petitioner, who was employed as Sweeper in Industrial Centre Development Corporation (Raipur) Limited, Raipur, was given the charge of Chowkidar in the said Corporation at Raipur, by order dated 9-4-1987 (Annexure P-1). On 6-10-1995, the petitioner was arrested in connection with Crime Nos. 674/95, 675/95 for an offence punishable under Section 302 of the Indian Penal Code and, therefore, the petitioner was placed under suspension by order dated 28-10-1995 (Annexure P-3).3. In the aforesaid crimes, two sessions tri...


Dec 04 2006

State Vs. Deepak Kumar Sahu

Court: Chhattisgarh

Decided on: Dec-04-2006

Reported in: 2007CriLJ1522; 2007(1)MPHT89

ORDERSunil Kumar Sinha, J.1. This is a reference made under Section 318 of the Code of Criminal Procedure by the Addl. Sessions Judge, Balod, Distt. Durg (CG) in Sessions Trial No. 163/2006 (State v. Deepak Kumar Sahu) wherein the learned Addl. Sessions Judge, passed a judgment and order of conviction against the accused holding him guilty of an offence punishable under Section 376(2)(f) of IPC.2. The case of the prosecution is that on 3-2-2006 at about 6 p.m., the accused took the prosecutrix, Ku. Bineshwari (P.W.3), a girl aged about 8 years, in a Kotha, where the cattle straw is kept, and committed sexual intercourse against her. The said incident was witnessed by Gasobai @ Yogeshwari (P.W. 2) who reached to the spot, on hearing cries of the girl and saw that the accused was lying on the girl and was committing sexual intercourse. After seeing Gasobai, the accused ran away from the spot. Gaso Bai reported the matter to the mother of the prosecutrix namely Kiran Bai (P.W. 4) and ulti...


Dec 04 2006

Ram Das Singh Vs. Balram Singh and ors.

Court: Chhattisgarh

Decided on: Dec-04-2006

Reported in: 2007(2)MPHT58

ORDERSatish K. Agnihotri, J.1. The present writ petition filed under Article 226/227 of the Constitution of India challenges the correctness and validity of the order dated 18-5-2006 (Annexure P-1) passed by the Sub Divisional Officer, (R.), Manendragarh, District Koria in Election Appeal No. 234/B [2]/2004-2005, whereby the election of the petitioner (non-applicant No. 1 in the Court below) on the post of Sarpanch was set aside and the office of the Sarpanch in the Gram Panchayat, Muktiyarpara was declared as vacant.2. The indisputable facts in brief and steps leading to this petition are that the petitioner was elected as Sarpanch of the Gram Panchayat, Muktiyarpara Tehsil Manendragarh, District Koria, held on 20-1-2005. The respondent No. 1 (election petitioner) filed a petition under Section 122 of the Chhattisgarh Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993 (hereinafter referred to as 'the Adhiniyam, 1993') seeking a relief that the election of the writ petitioner be declared a...


Dec 01 2006

Vimala Devi Vs. Shobha Walia and ors.

Court: Chhattisgarh

Decided on: Dec-01-2006

Reported in: AIR2007Chh36; 2007(1)MPHT65

ORDERV.K. Shrivastava, J.1. This revision under Section 384(3) read with Section 388 of the Indian Succession Act, 1925 (henceforth, 'the Act') is directed against the order dated 23-4-1996 passed by District Judge, Raipur, in Misc. Judicial Case No. 4/95 whereby an order for grant of succession certificate in favour of non-applicant Nos. 1 and 2 has been passed.2. Rajan Yashpal, who was resident of Raipur, died on 18-6-1986. During his life time he was doing the business of selling motor parts. He opened a locker with Dist. Co-operative Central Bank, Raipur. After his death non-applicant No. 1 Sobha Walia Claiming herself to be the wife of Rajan Yashpal and non-applicant No. 2 Vikki Claiming himself to be a minor child of Rajan Yashpal filed an application for grant of succession certificate under Section 372 of the Act, for access to the locker and to receive the ornaments kept therein. Applicant Vimala Devi Claiming herself to be the mother of deceased Rajan Yashpal pleaded that dur...


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