Gujarat Court January 1953 Judgments
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Narotamdas L. Shah Vs. Pathak Nathalal Sukhram and anr.
Court: Gujarat
Decided on: Jan-17-1953
Reported in: 1953CriLJ1307
Shah, C.J.1. This reference raises an important question of law on which there is a divergence of opinion amongst the High Courts in India. The applicant Narotamdas Shah was prosecuted for defamation under Section 500, Penal Code, in the Court of the First Class Magistrate, Junagadh. After some prosecution witnesses were examined the Magistrate was transferred and was succeeded by another Magistrate, and the accused having then demanded that the witnesses be resummoned and reheard, the learned Magistrate held that under Clause (a) of the proviso to Section 350(1), Criminal P.C., an accused person can demand resummoning of witnesses as a matter of right in a trial and not in an enquiry, and that the case against the accused was only at the stage of an enquiry inasmuch as the charge had not been framed, and he, therefore, refused to resummon the witnesses. The accused having applied in revision, the Sessions Judge was of the opinion that the Magistrate's order was not correct and he made...
State (Sessions Judge) Vs. Vora Sarafalli Allibhai
Court: Gujarat
Decided on: Jan-13-1953
Reported in: 1953CriLJ1330
Baxi, J.1.The Sessions Judge, Jhalawad Division, has made this reference for enhancing the opponent's sentence passed by the First Class Magistrate, Limbdi, for the offence under Section 19(f), Arms Act. The opponent lives with his three sons and sons' wives in Limbdi in a house which has a ground floor and two storeys. He has a grocer's shop which is conducted in his name. On 1.8.51 the police raided his house and from the osri on the first floor four boxes containing 800 percussion caps were recovered from a gunny bag containing bahufali and from a mattress 18 bags1 containing 3600 percussion caps were seized. From the shop which was searched next 12 boxes containing 2400 percussion caps, 12 gun locks and two cap stands were seized. The gun looks and the cap stands were found in a Passing Show cigarette tin. Country gun-powder and foreign gun-powder were also seized from the shop. A first information report was sent to the First Class Magistrate Limbdi, as required by Section 157, Cr...
Bhagwan Rana Vs. State
Court: Gujarat
Decided on: Jan-06-1953
Reported in: 1953CriLJ1350
Baxi, J.1. The applicant was convicted under Section 429, I.P.C. for the offence of mischief by causing the death of a young buffalo by hitting it with a stone, and sentenced to pay a fine of Rs. 40/-. The prosecution alleged that on 12.12.51 the complainant's buffalo had trespassed into the applicant's field and while the applicant's daughter was driving it away, the applicant who was driving his 'kos' left it and threw a stone weighing about a pound and a half at the buffalo which hit it on its forehead as a result of which it died. The applicant's defence was that in throwing the stone at it, he had no intention to cause any injury to the buffalo but he merely wanted to drive it away. The learned Magistrate held that as the applicant's daughter was driving it away, there was no need for the applicant to leave his kos and in throwing the stone at it and killing it, an intention or knowledge that wrongful loss would be caused to the owner must be imputed to the applicant and as a resu...
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