Madhya Pradesh Court April 1995 Judgments
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Sitaram Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Apr-05-1995
Reported in: 1996CriLJ4
P.N.S. Chauhan, J.1. The appellant challenges his conviction under Sections 376 and 457 of the Indian Penal Code and sentence of 7 years R.I. and R.I. for 1 year respectively with direction for concurrent running of sentences, recorded vide judgment dated 5-12-86 passed in S.T. No. 157 of 1986 of Raipur Sessions Division.2. Prosecutrix Kumari Bai (PW 1), a married woman was all alone in her house on 23-3-86 in the afternoon. The appellant then aged 19 years entered inside and committed rape on her. Her husband's younger brother Aagar Singh (PW 2) came and saw the appellant mounted on the prosecutrix. It is said that the appellant got up and gave a push to Aagar Singh and ran away. At that time Itwari, a neighbour, had also come who was told of the incident by the prosecutrix. The husband of the prosecutrix was out. He returned late in the night. The next day village Panchayat was convened and the appellant denied his guilt. A decision was taken to inform the police. Accordingly, the Fi...
Sitaram Rameshwar Kewat Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Apr-05-1995
Reported in: 1995(0)MPLJ1009
P.N.S. Chouhan, J.1. The appellant challenges his conviction under Sections 376 and 457 of the Indian Penal Code and sentence of 7 years R.I. and R.I. for 1 year respectively with direction for concurrent running of sentences, recorded vide judgment dated 5-12-1986 passed in S. T. No. 157 of 1986 of Raipur Sessions Division.2. Prosecutrix Kumari Bai (PW-1), a married woman, was all alone in her house on 23-3-1986 in the afternoon. The appellant then aged 19 years entered inside and committed rape on her. Her husband's younger brother Aagar Singh (PW-2) came and saw the appellant mounted on the prosecutrix. It is said that the appellant got up and gave a push to Aagar Singh and ran away. At that time Itwari, a neighbour, had also come who was told of the incident by the prosecutrix. The husband of the prosecutrix was out. He returned late in the night. The next day Village Panchayat was convened and the appellant denied his guilt. A decision was taken to inform the police. Accordingly, ...
Rama Alias Shaheeda Bi Vs. Aabid Hasan and ors.
Court: Madhya Pradesh
Decided on: Apr-05-1995
Reported in: 1995ACJ1172
P.N.S. Chouhan, J.1. Raju Seth, owner of jeep No. MBJ 8477, which was insured with respondent No. 3 while driving the same on 13.11.1983 met with an accident and died. Along with him Azad who was travelling in the same jeep also received fatal injuries and died. His father filed Motor Accident Claim Case No. 4 of 1984 before the Motor Accidents Claims Tribunal, Seoni, wherein the award for Rs. 1,44,000/- was passed with direction that Rs. 15,000/- out of it was payable by the insurance company which was the upper limit of its liability under, the agreement and the rest of the amount was payable by the widow of Raju Seth who has preferred this appeal challenging the quantum of compensation awarded and contending that the policy of insurance being comprehensive there was no upper limit of insurer's liability.2. The claimant's case in brief was that his son Azad was travelling in the jeep for hire. The accident took place due to rash and negligent driving by Raju Seth. Azad was aged 30 ye...
State of M.P. Vs. Gobarsingh
Court: Madhya Pradesh
Decided on: Apr-03-1995
Reported in: 1996CriLJ302
J.G. Chitre, J.1. This appeal has been preferred by the State for assailing order of acquittal passed by the learned Addl. Sessions Judge, Neemuch dtd. 10-11-86 by which he acquitted the respondent of charge levelled against him for offence punishable Under Section 9(a) of Opium Act.2. The prosecution case was that one house situated in village Vishniya, Tahsil Neemuch, Distt. Mandsaur was raided on 16-10-81 at 2.30 p.m. The opium weighing about 100 kg. 300 gms. was found concealed under the floor in a pit which was covered by grass. After necessary investigation, the respondent was prosecuted in the Court of Addl. C.J.M. Neemuch who convicted him for offence punishable Under Section 9(a) of Opium Act and sentenced him to RI for 3 years and fine of Rs. 500/-; in default further RI for six months. The respondent had preferred an appeal in the Court of Sessions, Neemuch bearing No. Cr. A. 132/86. The learned A.S. Neemuch after examining the record allowed the said appeal and passed the o...
Raju Balaji Kulkarni Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Apr-03-1995
Reported in: 1995(0)MPLJ715
J.G. Chitre, J.1. Heard Shri M. A. Bohra, counsel appointed by Legal Aid Committee for appellant; Shri G. Desai, G.A. for the State.The appellant has preferred this appeal from jail for assailing the order of conviction and sentence passed against him by Addl. Sessions Judge, Garoth in the matter of S. T. 342/91 wherein the learned A.S.J. convicted the appellant for offence punishable under Section 8/21 of N.D.P.S. Act, 1985 (hereinafter referred to as NDPS Act). The appellant has been sentenced to undergo RI for 10 years and to pay fine of Rs. 1.00 lakh for default to undergo RI for two years.2. The facts of the case need to be stated in brief for unfolding the prosecution case. On 8-9-1991, the raiding party raided a bogie of train No. 2904-Up Frontier Mail. When the said train reached Bhawani Mandi Railway Station, PW-Harnamsingh had already received the information that two persons were carrying smack through the said train. Hence, he searched for those two persons in the said trai...
Raju S/O Balaji Kulkarni Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Apr-03-1995
Reported in: 1995CriLJ3929
J.C. Chitre, J.1. The appellant has preferred this appeal from jail for assailing the order of conviction and sentence passed against him by Addl. Sessions Judge, Caroth in the matter of S. T. 342/91 wherein the learned A.S.J. convicted the appellant for offence punishable under Sections 8/21, of N.D.P.S. Act 1985 (hereinafter referred to as N.D.P.S. Act). The appellant has been sentenced to undergo RI for 10 years and to pay fine of Rs. 1.00 lakh for default to undergo RI for two years.2. The facts of the case need to be stated in brief for unfolding the prosecution case. On 8-9-1991, the raiding party raided a bogie of train No. 2904-up Frontier Mail. When the said train reached Bhawani Mandi Railway Station, P.W.-Harnamsingh had already received the information that two persons were carrying smack through the said train. Hence, he searched for those two persons in the said train, and when the members of raiding party approached the present appellant who was near the latrine in the c...
Narendra Pal Gupta and anr. Vs. H.B. Popli and ors.
Court: Madhya Pradesh
Decided on: Apr-03-1995
Reported in: 1996ACJ90
Fakhruddin, J.1. This appeal has been preferred by the claimants-appellants against the award dated 31.12.1985, in Claim Case No. 5 of 1983, passed by Mr. R.K. Sharma, Member, Motor Accidents Claims Tribunal, Morena.2. The facts giving rise to the present appeal are thus: That the appellants-claimants are father and mother respectively of the deceased Rajendra Pal, who met with an accident and died at the young age of 24 years. It is said that on 23.10.1982 at about 12.15 p.m. Rajendra Pal, the deceased, was driving motor cycle No. 627 on the way from Morena to Gwalior. Narendra Pal (father of the deceased) just following him also proceeded on a scooter with Rakesh, AW 4, sitting as pillion rider. As soon as the deceased Rajendra Pal reached near the Chhofa Gaon a car bearing No. CP.W. 277 came from the opposite direction at an excessive speed and dashed against motor cycle driven by Rajendra Pal. Rajendra Pal sustained serious injuries on his legs and other parts of the body. Appellan...
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