Madhya Pradesh Court December 1954 Judgments
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Yakub Khan Ibrahim Khan Vs. State of Bhopal
Court: Madhya Pradesh
Decided on: Dec-29-1954
Reported in: 1955CriLJ1559
ORDERSathaye, J.C.1. The applicant is convicted by the Sub-Divisional Magistrate, Goharganj, of an offence Under Section 409, 1. P. C, and is sentenced to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs. 200/- or in default to suffer further rigorous imprisonment for 6 months. His appeal was dismissed.2. The case for the prosecution was that the applicant was a Forest Guard at village Dungaria Tehsil Goharganj and in his such capacity recovered Rs. 15/8/- on 15-3-1950 from one Kashiram Contractor for 'Mahua and Achar' and passed a receipt therefor. He, however, never credited the amount either at the Range Office or with the Treasury and dishonestly appropriated it to himself. Tie was prosecuted for an offence Under Section 409, IPC In defence he denied having ever received the amount from Kashiram though he admitted his signature on the receipt. His explanation is that lie had signed the document in token of his check of the 'ravanna' on the reverse of ...
Gyara Panch Vs. State
Court: Madhya Pradesh
Decided on: Dec-13-1954
Reported in: 1956CriLJ535
Dixit, J. 1. This is an application for leave to the Supreme Court from our decision in Criminal Revision No. 131 of 1953 acquitting the opponents Abdul Majeed and Nasir of a charge under Section 188, I.P.C. The charge against the accused persons was that on 3-9-1952 they slaughtered some goats at the shop of one Abdul Gani in Naya Pitha Meat Market, Indore and sold meat to the public in contravention of an order issued on 1-8-1952 by the District Magistrate of Indore directing the closure of all butchers' shops in Indore City excepting those to whom licenses had been granted in accordance with the provisions of Chapter XXV of the Manual of Circulars, Notifications and Standing Orders, Part 1 of the former Indore State and in accordance with Madhya Bharat Government Notification No. 33-48 dated 9-8-1948.The accused were found guilty by the Additional City Magistrate under Section 188, I.P.C. and sentenced to a fine of Rs. 20 each or in default to suffer ten days' rigorous imprisonment....
Moolchand and ors. Vs. the State
Court: Madhya Pradesh
Decided on: Dec-09-1954
Reported in: 1955CriLJ1033
Sathaye, J.C.1. Moolchand (67 years), his son Chainsingh (18 years), his wife Mst. Ram Piyari (aged 62 years), and his two graziers, Sk. Majeed (18 years) and Sk. Jameel (42 years), all of Sehore, are convicted by the Sessions Judge, Bhopal of three offences viz., Section 147 (rioting), Section 325 (voluntarily causing grievous hurt) and Section 307 (attempt to commit murder) the latter two read with Section 149, IPC Each of them is sentenced to suffer rigorous imprisonment for a period of one year Under Section 147, two years Under Section 325/149 and 5 years Under Section 307/149, the imprisonment as against the male accused being rigorous and as against Mt. Ram Piyari being simple. For the offence of Section 325/149 each of them is in addition fined Rs. 50/- or two months rigorous imprisonment in default, that as against Rampiyari being simple. All the sentences are to run concurrently.2. The case for the prosecution was that Mool-chand and others had assaulted some Bhois a few days...
Krishnabiharilal Vs. State
Court: Madhya Pradesh
Decided on: Dec-08-1954
Reported in: 1956CriLJ233
Chaturvedi, J.1. This is an appeal preferred by Krishna Biharilal a former clerk in the office of the High Court, Gwalior, who has been convicted under Section 161, I.P.C. and sentenced to one year's rigorous imprisonment by the learned Special Judge, Gwalior. The State has preferred an appeal against the order of the learned Special Judge under the impression that the learned Judge has constructively acquitted the appellant under Section 5 (2), Prevention of Corruption Act. A charge had been framed against Krishna Biharilal appellant under both these sections.2. The case for the prosecution is that one Ismail Khan P. W. 6, paid a bribe of Rs. 110 to the appellant for the purpose of expediting the appeal against his daughter Zamila in file C. S. A. No. 46 of 1951 (Fazil Khan v. Zamila) which was at that time pending in the High Court. On behalf of Zamila in that file the witness Ismail had engaged two Vakils and according to his own statement made in Special Judge's Court he had paid R...
State Vs. Fatehchand
Court: Madhya Pradesh
Decided on: Dec-08-1954
Reported in: 1955CriLJ959
ORDERA.H. Khan, J.1. This reference has been made by the learned Sessions Judge, Indore, recommending that the charge framed by the Additional City Magistrate, Indore, against Fateh Chand Under Section 8, Madhya Bharat Essential Supplies (Temporary Powers) Act (Act 3 of 1948), read with Clause 16(1), Cotton Textile (Control) Order of 1948 be quashed. The offence is alleged to have been committed between 7-12-1948 and 21-1-1949, when the Madhya Bharat Act No. 3 of 1948 was in force. This Act was repealed on 17-8-1950 by Section 17(4) of the Central Act known as the Essential Supplies (Temporary Powers) Act (24 of 1946) as extending to Part B States by the amending Act No. 52 of 1950.2. The main grounds upon which the reference is based are:1. that on the repeal of the Madhya Bharat Essential Supplies (Temporary Powers) Act 1948 by the Central Act referred to above, prosecutions pending under the Madhya Bharat Act and not concluded before 17-8-1950 could not be continued, since the repea...
Shrinivas Vs. Badrilal
Court: Madhya Pradesh
Decided on: Dec-06-1954
Reported in: 1955CriLJ1191
ORDERSamvatsar, J.1. On 24-7-1953, one Shriniwas, son of Basantilal Mahajan, approached the District Magistrate, District Indore, complaining that his wife Shantabai who was a minor, about 14 years of age was taken away from his house by her father Badrilal in his absence and without his consent along with ornaments which were with her. He further alleged that Badrilal had detained Shantabai illegally and for unlawful purposes. He prayed for her release from detention and her restoration to him immediately.Along with the complaint, Shriniwas filed an affidavit in which he has stated that he was married to Shantabai on 19-1-1953. Some time after the marriage Badrilal began to demand money and as it was not paid lodged a complaint against him which was dismissed. Badrilal thereafter approached the District Judge, Indore, for possession of Shantabai Under Section 25, Guardians and Wards Act. That application was also dismissed by the Additional District Judge, Indore, on 15-4-1953,2. In t...
Pannalal and ors. Vs. Shrikrishna and ors.
Court: Madhya Pradesh
Decided on: Dec-03-1954
Reported in: 1955CriLJ1078
Dixit, J.1. These two appeals arise out of a suit for damages for malicious prosecution filed by Pannalal, Gopal Singh, Prithwi Singh, Madho Singh and Uddham Singh against Shrikrishna, Buddha-ram and Satyanarain. The plaintiffs alleged that on 14-1-1950 Mangalia, the father of Shrikrishna, Buddharam and Satyanarain made a report to tile police that a dacoity had been committed at his house and that after the report when the investigation was taken up by the police, Shrikrishna, Buddharam and Satyanarain made statements to the police implicating the plaintiffs in the alleged dacoity.The plaintiffs further stated that as a sequel to the report made by Mangalia and the statements to the police by the defendants they were prosecuted for an offence Under Section 395, I, P. C, in the Court of Additional District Magistrate, Shivpuri and ultimately acquitted; that no dacoity was even committed at the house of Mangalia and that in giving information to the police that the plaintiffs had commit...
Badamilal Ramdhan and ors. Vs. the State
Court: Madhya Pradesh
Decided on: Dec-01-1954
Reported in: 1955CriLJ1561
ORDERSathaye, J.C.1. This is a revision petition against the order dated 15-7-1054 passed by the Sub-Divisional Magistrate, Bhopal in criminal case No. 6 0.1 1954 committing the applicants to the Sessions Court to take their trial for offences of Sections 366 and 366 read with Section 109 Indian Penal Code. It is prayed the commitment be quashed.2. A challan was filed against the applicants by the Bhopal Kotwali Police, in column 8 of which tile following entry was made as to the statement of facts constituting the offences viz.Accused No 1 abducted the complainant with the help of S. No. 2 and 3 and they have committed an offence Under Section 366/109 IPC as the complainant has attended (attained) 20 years of ageThe Sub-Divisional Magistrate took cognizance of tile offence against the accused on this report in writing mad', by the Police Officer apparently Under Section 190(l)(b), Cr.PC3. The case for the prosecution developed in the enquiry was that the accused No. 1 Badarni-lal abdu...
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