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Madhya Pradesh Court June 1958 Judgments

Jun 27 1958

Ramdulare RamadhIn Sunar Vs. State

Court: Madhya Pradesh

Decided on: Jun-27-1958

Reported in: AIR1959MP259; 1959CriLJ844

Naik, J.1. The accused-appellant Ramdulare has been convicted by the fourth Additional Sessions Judge, Jabalpur, under Section 302 of the Indian Penal Code for committing the murder of Chhedilal, alias Chiddi Nai on the morning of 4-1-1957 at his own house in Uprenganj, Jabalpur, and sentenced to imprisonment for 'life. His appeal is that on the facts established he ought to have been held of 'unsound mind within the meaning of Section 84 of the Indian Penal Code and consequently exempted from criminal responsibility for the aforesaid murder. (sic) within the meaning of Section 84 of the Indian Penal Code was the only defence raised at the trial. That section lays down:'Nothing is an offence which is done by a person who, at the time of doing it, by reason of unsoundness of mind, is incapable of knowing the nature of the act. or that he is doing what is either wrong or contrary to law.'2. A Division Bench of this Court in State v. Chhotelal Criminal Ref. No. 26 of 1957 D/- 20-11-1957 :...

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Jun 26 1958

Ramakant Kesheorao Vs. Bhikulal Laxmichand and ors.

Court: Madhya Pradesh

Decided on: Jun-26-1958

Reported in: AIR1959MP141

G.P. Bhutt, J.1. This is an appeal under Section 116A of the Representation of the People Act, 1951 (hereinafter called the Act), which is directed against the order of the Election Tribunal, Chhindwara, dismissing the appellant's election petition for declaration that the election of respondent No. 1 to the House of the People from the Chhindwara Parliamentary Constituency was void.2. The election Petition was filed by Lekhram (P. W. 4) who was an elector on the roll of the Chhindwara Parliamentary Constituency from Parasia. The Election Tribunal granted him leave under Section 109 of the Act to withdraw the election petition. Thereafter, the appellant, who was respondent No. 6 in the ejection petition, was, on his application under Section 110(3)(c) of the Act, substituted by the Election Tribunal in his place and allowed to continue the proceedings.3. The Chhindwara Parliamentary Constituency is a double-member constituency, one of the seats being general and the other reserved for ...

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Jun 06 1958

In Re: Rao Nihalkaran S/O R.R. Chhatrakaran

Court: Madhya Pradesh

Decided on: Jun-06-1958

Reported in: AIR1958MP341; 1958CriLJ1316

ORDERT.C. Shrivastava, J.1. The petitioners have been convicted under Section 426, I. P. C. and have been sentenced to pay a, fine of Rs. 10/- each. They have comeup in revision.2. Facts of the case are not disputed. The parties own adjoining houses. There are some windows and other apertures to let in light and air in the house of the petitioners. The non-applicant wanted to obstruct these windows and apertures and the petitioners filed a suit against them to restrain him from doing so. They got a decree in their favour directing the non-applicant not to interfere with the right of the applicants to have light and air from the windows (Ex. D/1). On 20-7-1953 the non-applicant commenced erecting a wall which was raised to the level of obstructing one of the windows. At this, the petitioners, demolished the wall. The prosecution case was that in doing so, the petitioners caused wrongful loss to the non-applicant and their act thus amounted to an offence of mischief under Section 426, I....

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