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Chhattisgarh Court March 2009 Judgments

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Mar 30 2009

Sidhartha Gautam Vs. State of Chhattisgarh

Court: Chhattisgarh

Decided on: Mar-30-2009

Reported in: 2009CriLJ3284

Dilip Raosaheb Deshmukh, J.1. This judgment shall govern Criminal Appeal No. 1081/2007 preferred by Sidhartha Gautam, Criminal Appeal No. 8/2008 preferred by Vinay Kumar and Criminal Appeal No. 342/2008 preferred by Anil Gupta.2. Appellants Sidhartha and Vinay were convicted under Section 20(b)(ii)(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (henceforth 'the Act') by judgment dated 3-11-2007 in Special Case No. 1/2007 by the Special Judge (under the Act), Bastar place Jagdalpur and sentenced to rigorous imprisonment for 10 years each and also to a fine of Rs. 1 Lakh each and in default to undergo rigorous imprisonment for 3 years for transporting 183 kilograms of illicit Ganja in Santro Car No. MP 18C 1226 (henceforth 'the Santro Car') on 25-11-2006 near Gadsil Bhata Nala. The appeal preferred by Anil Gupta, i. e., the owner of the Santro Car is directed against the order of confiscation of the Santro Car by the impugned judgment.3. Briefly stated prosecution's case ...


Mar 25 2009

Rati Ram and Vs. the State of Chhattisgarh

Court: Chhattisgarh

Decided on: Mar-25-2009

Reported in: 2009CriLJ2563

Dilip Raosaheb Deshmukh, J.1. This appeal is directed against the judgment dated 21.09.1999 delivered by the 2nd Additional Sessions Judge, Raigarh in Sessions Case No. 150/98 whereby the appellants were convicted for offence under Section 302 read with Section 34 and Section 201 read with Section 34 of the I.P.C. and sentenced to imprisonment for life under Section 302 read with 34 of the I.P.C. and to rigorous imprisonment for 7 years under Section 201 read with Section 34 of the I.P.C.2. Admittedly, appellant No. 1 Rati Ram is the son of appellant No. 2 Tiharu. Deceased Horilal had died a homicidal death on 02.07.1998. Following injuries were found during autopsy by Dr. Anil Kumar Tirkey P.W.15 on the beheaded body of Horilal:i. Head of Horilal was separated by a sharp cut from the root of the neck. Cut margins were as shown in the figure to the post-mortem report Ex.P.17.ii. Incised wound over right side of chest size 1' x 1/3' x full deep upto thoracic cavity.iii. Incised wound ne...


Mar 16 2009

Suresh Kanshi Rao Umak Vs. State of Chhattisgarh

Court: Chhattisgarh

Decided on: Mar-16-2009

Reported in: 2009CriLJ2568

Dilip Raosaheb Deshmukh, J.1. This criminal appeal is directed against the judgment dated 30-12-2005 delivered in Sessions Case No. 142/2005 by the 1st Additional Sessions Judge, Mahasamund (C.G.) whereby while acquitting accused Vishal and Ranjit, the appellant-Suresh was convicted under Section 398 read with Sections 34 and 307 of the IPC and sentenced to rigorous imprisonment for 7 years on both counts and also to pay a fine of Rs. 500/- under Section 398 read with Section 34, IPC and Rs. 1000/- under Section 307, IPC and in default to undergo additional rigorous imprisonment for one month and two months respectively.2. Prosecution case in brief is that on 12-9-2004 and about 1.00 a.m. Constable Komanlal Chandrakar P.W. 1 along with Sainik Manikram P.W. 2 while on patrolling duty reached the back side of the Bilaspur-Raipur Kshetriya Gramina Bank, Patewa (henceforth 'the Bank'). Komanlal Chandrakar saw that two persons were holding sabbal and sitting near the wall of the Bank and th...


Mar 02 2009

Kapoor Vs. State of Madhya Pradesh

Court: Chhattisgarh

Decided on: Mar-02-2009

Reported in: 2009CriLJ1967

Dilip Raosaheb Deshmukh, J.1. This appeal is directed against the judgment dated 9-8-1990 delivered by the IIIrd Additional Sessions Judge, Raipur in Sessions Trial No. 167/89, whereby the appellant was convicted under Section 376 of the Indian Penal Code and sentenced to rigorous imprisonment for 7 years and also fine of Rs. 100/- and in default to undergo additional rigorous imprisonment for 1 months.2. Briefly stated the prosecution story is that on 14-4-1989 at about 7.30 p.m., the prosecutrix had gone to the Sherha field to attend the call of nature. The appellant came there and expressed desire to have sexual intercourse with her. The prosecutrix abused him, whereupon the appellant dragged her and laying her on the bund committed rape on her. On hearing shouts of the prosecutrix, P. W. 5, Bahruram, P. W. 3 and Jhanaklal, P. W. 7, who were present at the nearby tank rushed to the spot and saw the appellant committing rape, Jhanaklal, P. W. 7 held the appellant by his hand and sepa...


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