Madhya Pradesh Court November 1955 Judgments
State Vs. Gulam Meer
Court: Madhya Pradesh
Decided on: Nov-20-1955
Reported in: 1956CriLJ624
Chatubvedi, J. 1. After stating the facts given above his Lord. ship proceeded.2. The question referred to the Full Bench is: Whether a person guilty of rash and negligent driving on a public road in such a manner as to endanger human life, cannot be convicted for the offence under Section 279, I.P.C., if in course of, or by reason of, such driving, hurt is also caused to some person?3. In other words, it is suggested that we should reconsider the decision of a Division Bench of this Court (Mehta and Khan JJ.) reported in 'Madh.-B. LR 1952 Crl 302 (A)'.4. At page 303, it was observed by Mr. Khan, J. (Mehta J. concurring) that if any injury is not caused but the act was rash or negligent, the proper Section under which an indictment would lie is Section 279, I.P.C. But if a result of a rash or negligent act injury has been actually caused, the appropriate Section under which a person should be tried is Section 337, I.P.C.A reference has been made in that judgment to page 881 of Gour's P...
Tag this Judgment!Motilal Vs. State
Court: Madhya Pradesh
Decided on: Nov-16-1955
Reported in: 1956CriLJ1000
Samvatsar, J.1. On 17-9-1953 there was a dacoity in the villages Mahudiya and Nanukheda and property worth Rs. 11,832 belonging to about five persons was looted by the dacoits. The petitioners and one Jagartnathpuri now acquitted, were suspected to be the culprits and were put up for trial.2. At the end of the trial Jagannathpuri was convicted under Section 395 and sentenced to suffer rigorous imprisonment for seven years whereas the petitioners were convicted under Section 395 read with Section 397, I.P.C. and sentenced to transportation for life by the Additional Sessions Judge, Dewas.3. The convicted persons appealed to the High Court. The appeal was allowed in so far as it related to the accused Jagannathpuri and he was acquitted of the charge levelled against him. The appeal was dismissed as regards the present petitioners. They have therefore applied for a certificate that this is a fit case for appeal to the Supreme Court.4. All the points raised in appeal were put forward as gr...
Tag this Judgment!Amarsingh Ramiyaram Vs. State
Court: Madhya Pradesh
Decided on: Nov-04-1955
Reported in: 1956CriLJ408
Chaturvedi, J.1. This is an appeal filed by Amarsingh Jat of Neemuch, a Constable in Central Reserve Police at Neemuch, who has been convicted under Section 302, I. P. C by the Additional Sessions Judge, Mandsaur and sentenced to transportation for life for murdering one Gurbuxsingh on 13-11-1953 in the office of the Central Reserve Police, Neemuch2. The appellant was performing the work of tatlor-constable and Gurbuxsing, the deceased, was head-constable in the office of the Quarter-Master, First Battalion. It appears from the record in this case that Gurbuxsingh was a man of loose morals, and from the statement of the accused in this case, the deceased had committed rape, on 21-9-1953, on his sister aged 30 years who was residing at Neemuch with her brother.From the statements of P. W. 11 Chintamani Gandhe, Investigating Officer, and that of P. W. 12 Pyarelal, it can be taken that there was sufficient rumour in the Central Reserve Police about dishonouring the sister of the appellant...
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