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Madhya Pradesh Court November 1960 Judgments

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Nov 07 1960

State of Madhya Pradesh Vs. Lajjaram S/O Meghsingh and anr.

Court: Madhya Pradesh

Decided on: Nov-07-1960

Reported in: AIR1961MP339

P.R. Sharma, J.1. The appeal has been preferred by the State Government against the order dated the 29th of November, 1958 passed by the Second Addl. District Judge Gwalior, in Civil Appeal No. 109 of 1955 whereby he set aside the judgment and decree passed by the Civil Judge First Class, Gwalior, in Civil Suit No. 21 of 1954.2. The suit was for a declaration that the plaintiff is the 'Pakka' tenant of khasra Nos. 183, 2570 and 1848/1, for possession of the said lands and for damages, to the extent of 25 times the land-revenue, for the entire period during which the plaintiff was kept out of possession of the said lands. The plaintiff was served with a notice on 28 6-1953 by the Tehsildar stating that the plaintiff's possession of the land in dispute was that of a trespasser. Thereafter on 27-4-1954 the defendant No. 2 was placed in possession of the said lands. The plaintiff served a notice on the Government on 9-3-1954 and after expiry of the period of notice filed on 15-7-1954 the s...


Nov 07 1960

State of M.P. Vs. Dhannalal Moruji

Court: Madhya Pradesh

Decided on: Nov-07-1960

Reported in: 1961CriLJ238

H.R. Krishnan, J.1. This is an appeal by the State of Madhya Pradesh from the order of the Fifth Additional Sessions Judge, Indore, dated 29-7-1959, acquitting the respondent Dhannalal Lorwal of charges under Sections 302, 307, 328, I.P.C. The case depended purely on circumstantial evidence and is of considerable interest on account of the very nature of the offence, which was nothing short of an attempted mass murder by arsenic poisoning, certainly committed by somebody; intrinsic limitations of handwriting examination, however expert and conscientious the examiner and, in general the quantum of corroborating circumstantial evidence necessary to justify the conviction of any person on account of identity sought to by established by evidence of handwriting.2. The non-controversial facts of the case are that a most shocking attempt at mass murder by arsenic poisoning took place on the morning of 7th December 1958 in one of the sections of the Malwa Mills - a well known industrial establ...


Nov 03 1960

State Vs. Govindsingh and ors.

Court: Madhya Pradesh

Decided on: Nov-03-1960

Reported in: AIR1962MP36

ORDERS.B. Sen, J. 1. This is a revision filed by the State. 2. The non-applicant Govindsingh has been convicted under Section 304 (Part I) and also under Sections 323 I. P. C. Sajjansingh has been convicted only under Sections 324 I. P. C. The sentence awarded to Govindsingh, non-applicant No. 1, under Sections 304(1) was for three and half years R. I., but none of the non-applicants have been sentenced in spite of their convictions under Sections 323 and 324 I. P, C. on the ground that they were in Jail for about ten months and that was considered to be sufficient punishment for the offences committed by them. 3. The only question that has to be determined in this revision petition is whether the Court hag acted illegally in not awarding any sentence after conviction and accepting their detention as under trial prisoners for about ten months as sufficient punishment. 4. First therefore we have to consider is whether a sentence must follow in every case of conviction. The Judicial Comm...


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