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Jammu and Kashmir Court August 1972 Judgments

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Aug 08 1972

Gh. Hassan Ganai Vs. Mst. Raja Bibi

Court: Jammu and Kashmir

Decided on: Aug-08-1972

Reported in: 1973CriLJ1019

ORDERMufti, J.1. This revision petition arises out of an application under Section 488 Cr.PC allowed by Munsiff. Judicial Magistrate 1st Class Magam by his order -dated March 12. 1971. The applicant before the trial Magistrate was one Raja Bibi (hereinafter called 'the petitioner1). She claimed maintenance from her husband Ghulam Hassan Ganai (hereinafter called 'the respondent') for herself and her minor daughter from him. The claim proceeded on the allegation that she was lawfully wedded wife of the respondent for the last fourteen years; tfiat she was all along ill-treated by the respondent, that she as also her daughter have been completely deserted by the respondent for the last nine years during which Ihe has not paid any maintenance to them despite the fact that he is a man of substance: and that he has also refused to allow her to live with him.2. The respondent resisted the application on the ground that the petitioner had gone to her parental house with his permission but did...


Aug 07 1972

State Vs. Amma Bhat and ors.

Court: Jammu and Kashmir

Decided on: Aug-07-1972

Reported in: 1973CriLJ1533

ORDERMufti Baha-Ud-Din Farooqi, J.1. Amma Bhat and others, respondents herein, have been committed by the ludicial Magistrate Pulwama to the Court of Session at Anantnag to stand their trial on a charge under Section 304, R. P. C read with Section 34 thereof. The petitioner, Ismail Bhat, at whose instance the respondents were challaned by the police, made an application to the Sessions ludge Anantnag praying that charge be altered to Section 302, R. P. C. By his order dated April 21, 1972, the learned Sessions ludge rejected the application. Hence this revision.2. Appearing for the petitioner Mr. Hakim Mohd. Sadiq argued that the statement of the doctor that the injury on the head of the deceased was sufficient in the ordinary course of nature to cause death coupled with the statements of the prosecution witnesses that the said injury was caused by the principal accused namely Amma Bhat by a violent stroke of a stick on the deceased's head made the accused straightway chargeable under ...


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