Madhya Pradesh Court June 2000 Judgments
Gaus Mohd. and Another Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Jun-26-2000
Reported in: 2001(1)MPHT305
A.K. Mishra, J.1. The appellant Gaus Mohammad has been convicted under Sections 366, 376, 506B, IPC, and sentenced respectively to undergo R.I. for 2 years, 4 years and 1 year. Appellant Roshanlal has been convicted for an offence under Sections 366, 376(2)(g) and 506-B, IPC, and sentenced respectively to under R.I. for 2 years, 5 years and one year.2. Prosecution alleged that in the mid-night of September 7th and 8th, 1987 the prosecutrix was kidnaped and threatened to life, and thereafter gang rape was committed on her. In all six accused persons were put to trial. Four of them were convicted while two of them were given benefit of doubt. Prosecutrix was taken by accused Gaus Mohammad on cycle. She was taken to the bushes by Gaus Mohammad and performed sexual intercourse forcibly. In the night of September 7th, 1987, accused Milan, Kaudu and Roshan joined for satisfying the lust and committed sexual intercourse with Jahura Bai, prosecutrix. Again on September 8th, 1987 in the morning...
Tag this Judgment!Radheshyam Vs. Chhogalal and ors.
Court: Madhya Pradesh
Decided on: Jun-26-2000
Reported in: II(2000)ACC525; 2001ACJ2000
A.M. Sapre, J.1. Owner of vehicle in question has come up in appeal challenging the award dated 6.12.1996 passed in Claim Case No. 28 of 1996 by M.A.C.T., Ratlam. The challenge in this appeal by the owner is only against one finding, namely, Tribunal erred in exonerating the insurance company. To examine this issue, few facts need mention as they lie in a narrow compass.2. On 3.12.1995 one Munnibai met with an accident when the offending vehicle bearing No. MP-14-B-4667 dashed Munnibai. She died on the spot. This led to filing of claim petition by the present respondent Nos. 1 to 3 who are her legal representatives, out of which this appeal arise, claiming compensation for her death against the owner, i.e., appellant, driver of vehicle the respondent No. 4 and the insurance company with whom the offending vehicle was insured the respondent No. 5 were non-applicants.3. The claim petition was contested by all the three non-applicants. So far as the insurance company was concerned it whil...
Tag this Judgment!Sagarbai and ors. Vs. Parmanand and ors.
Court: Madhya Pradesh
Decided on: Jun-26-2000
Reported in: II(2000)ACC597; 2001ACJ1974
Shambhoo Singh, J.1. This appeal is directed by the claimants against the award dated 26.11.1994 passed by 1st M.A.C.T., Dhar in Claim Case No. 65 of 1992 whereby compensation of Rs. 1,37,500 with interest at the rate of 12 per cent per annum from the date of application was awarded.2. The appellants' case was that on 17.7.92 the deceased Rameshchand Mali, husband of appellant No. 1 and father of appellant Nos. 2 to 8, was travelling in the jeep belonging to Forest Department along with S.D.O. and other officials. When this jeep was ascending in Bherughat, respondent No. 1 came from opposite side driving truck No. MP 11-3891 belonging to respondent No. 2 and insured with respondent No. 3 in a rash and negligent manner and dashed against the jeep, as a result of which Rameshchand Mali sustained injuries and died on the spot. The appellant filed claim case seeking compensation of Rs. 3,00,000. The respondents contested the claim and pleaded that the accident occurred due to rash and negl...
Tag this Judgment!Mohan Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jun-25-2000
Reported in: 2005CriLJ79
A.K. Shrivastava, J.1. Appellant, Mohan, has knocked the door of this Court by preferring an appeal under Section 374(2) of the Code of Criminal Procedure, 1973, (hereinafter referred to as 'the Code') assailing the judgment of conviction and order of sentence dated 28-2-1992 passed by the First Additional Sessions Judge, Sagar, in Sessions Trial No. 181 of 1990 convicting the appellant under Section 302 of I.P.C. and sentencing him to suffer rigorous imprisonment of life.2. In brief the case of prosecution is that Laxman Singh and Gulab Bai (hereinafter referred to as 'the deceased persons') were living as husband and wife, they were residents of village - Toda. On 11-3-1990 Malthu (PW-4), who is the neighbour of deceased persons, on the basis of suspicion, climbed on the house of the deceased persons and when he peeped from a window he saw the dead bodies of the deceased persons lying on the Ataari (roof). It is said that Narayan Singh (PW-1) also saw the dead bodies of the deceased ...
Tag this Judgment!Raj Dhar Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Jun-23-2000
Reported in: 2001(1)MPHT263
A.K. Mishra, J. 1. The appellant has been convicted for committing an offence under Section 307 of the IPC. He has been sentenced to undergo R.I. for a period of four years. The appellant has been found guilty of causing injury, by service gun 303, on injured Munnisingh.2. As per prosecution case the appellant was serving as constable in 8th Battalion of S.A.F., Gwalior (M.P.). On the night of 23-7-82 at about 11:45 p.m. he called his neighbour Hawaldar Munnisingh out of his portion of house and fired from his service gun 303 bore which hit Munnisingh on his left ribs and bullet went out from back. Munnisingh was taken to Medical College Hospital. One injury was found on the person of Munnisingh. Sub-Inspector B.S. Bhadoriya was on duty. He met Munnisingh in the hospital. Incident was narrated to him, on which an offence was registered under Section 307, IPC, at Police Station, Kotwali and first information report was lodged vide Ex. P-2. One empty cartridge was recovered. After commit...
Tag this Judgment!Chandarsingh Vs. Nanibai and ors.
Court: Madhya Pradesh
Decided on: Jun-23-2000
Reported in: II(2000)DMC660
A.K. Gohil, J.1. This is a husband's criminal revision under Section 397, Cr.P.C. against the judgment passed by the Additional Sessions Judge, in Criminal Revision No. 115/1997 dated 22.9.1999 whereby he allowed the revision of wife and awarded Rs. 500/- per month to Nanibai and her two daughters reversing the order passed by the Additional Chief Judicial Magistrate, Narsinghgarh in Criminal Case No. 3/96 dated 22.7.1999 by which the application filed by the non-applicants' wife was dismissed.2. The admitted facts on record are that the non-applicant No. 1 Nanibai is a married wife of the applicant. Marriage took place 20 years before. Manjubai aged 9 years and Antibai aged 6 years are the two daughters. The non-applicant No. 1 Nanibai filed an application before the Judicial Magistrate, First Class, Narsinghgarh for claiming maintenance on the ground that the applicant was practising cruelty on her and she has been driven away with her two daughters from the house of the applicant on...
Tag this Judgment!Kanhai and anr. Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Jun-23-2000
Reported in: 2000(4)MPHT277
A.K. Mishra, J.1. Appellants have been convicted for an offence under Sections 498A and 306, IPC and sentenced to undergo R.I. for three years on each count. Both the sentences were ordered to run concurrently.2. Dead body of wife of appellant Kanhai was found in a well on July 2nd, 1987 at village Madawanmar. Marriage of the deceased was performed with Kanhai prior to 4 to 5 years. Prosecution alleged that the accused Kanhai, mother-in-law Harhuwawali and Munna, brother of Kanhai used to quarrel with the deceased and harassed her. On the date of incident also quarrel took place in the family. Accused Kanhai had slapped the deceased. In the evening deceased jumped into well along with infant daughter and committed suicide. Deceased Ramkali as well infant daughter's dead bodies were recovered from a well. Spot map Ex. P-14 was prepared. Post-mortem was performed by Dr. J.C. Lohrat. Cause of death was found to be asphyxia owing to drowning.3. Accused persons abjured the guilt and it was ...
Tag this Judgment!Arvind Kumar and anr. Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Jun-23-2000
Reported in: 2001(2)ALD(Cri)131; 2001CriLJ2317; 2001(2)MPLJ172
Arun Mishra, J.1. Sadhria entered to a wedlock on April 26th 1982 with the appellant Arvind Kumar, son of appellant No. 2 Prembai alias Gulabrani. Sadhna committed suicide by pouring kerosene oil and setting her on fire on 2-7-82 which is after one month and 7 days of her marriage. Both the appellants have been adjudged guilty of abetement of suicide Under Section 306, IPC and making demand of dowry Under Section 4 of the Dowry Prohibition Act. Sentence of 7 years' R.I. Under Section 306, IPC and Under Section 4 of the Dowry Prohibition Act, R.I. for six months and fine of Rs. 5.000/- each was imposed, in default of payment of fine, they were ordered to undergo six months R.I.2. Case has a checkered history, Initially both the appellants were acquitted by the trial Court on September 27, 1983. An appeal against acquittal was preferred to this Court. The appeal was allowed. Further evidence was ordered to be recorded. Thereafter the trial Court passed a judgment of conviction on August,...
Tag this Judgment!Mathura Prasad Dixit Vs. Managing Director, M.P.S.R.T.C. and anr.
Court: Madhya Pradesh
Decided on: Jun-22-2000
Reported in: [2000(87)FLR632]; (2001)IIILLJ1039MP
S.K. Kulshrestha, J.1. By this petition, the petitioner has challenged the order dated July 16, 1997 (Annexure-P/9) of the Industrial Court, Jabalpur passed in Appeal No. 231 /MPIR/96, insofar as the said order has declined to award back wages to the petitioner while directing his reinstatement in service. 2. The petitioner was initially appointed on the post of Lower Division Clerk in the respondent M.P. State Road Transport Corporation and thereafter he was entrusted the work of trip sheet checking. While he was so engaged, a notice was issued to him intimating him that by not properly checking the trip sheet he had caused loss to the Corporation and had committed misconduct as defined in S.S.O. 12(1)(b) and (d). Eventually, by order dated November 2, 1992, he was found guilty of misconduct and was dismissed from service. The petitioner challenged his dismissal before the Labour Court by an application under Section 31(3) of the M.P. Industrial Relations Act. The Labour Court althoug...
Tag this Judgment!ibrahim Ji Vs. Narendra Bhargava and ors.
Court: Madhya Pradesh
Decided on: Jun-22-2000
Reported in: 1(2001)ACC51
ORDERA.M. Sapre, J.1. Claimant has felt aggrieved of an award, dated 24.12.1996, passed by Additional M.A.C.T., Mandsour, in Claim Case No. 13/90. By impugned award, the claimant's application claiming compensation has been dismissed in toto and hence he is in appeal.2. In an accident that occurred on 7.9.1987, the claimant (appellant herein), while travelling in matador, received injuries due to rash and negligent driving of matador driver. The injuries were in his both hands in the nature of fracture of bone.3. Though the claim petition was filed claiming compensation for the injuries in 1988, the claimant did not file any medical evidence. What he filed was some X-ray films and medical certificate dated 3.4.1995 issued by a doctor. While dismissing the claim petition, the Tribunal was of the view that claimant has failed to prove the injuries and its nature that resulted due to accident.4. Having heard the parties and perused the record, I do not find any illegality in the impugned ...
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