Madhya Pradesh Court February 2002 Judgments
Ram Das Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Feb-11-2002
Reported in: 2002(2)MPHT542; 2002(1)MPLJ132
R.B. Dixit, J. 1. Lust in the eyes, coupled with intoxicant mind, turns a human being into a furious beast who fails to recognise a mother like lady before him to satisfy his sexual desire, so much so, as to cause her death on being resisted from so doing. This is what exactly had happened, according to the prosecution, on the fateful night of 22-3-2000 at about 9-30 P.M. when deceased Ramkatori a widow of about 50 years of age was sleeping in her house when the appellant/accused resident of the same locality aged about 22 years entered her apartment by jumping from the rear side of the roof of her house and suddenly took her by surprise as she found to have been caught hold by the appellant/accused and thrown on the ground. She admonished the accused by saying that she is like mother of him but of no avail as she was made helpless at the point of knife and was raped. When she tried to raise hue and cry, she was silenced by assaulting her with knife on her chest and abdomen.2. When aft...
Tag this Judgment!Ram Kumar Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Feb-11-2002
Reported in: 2002(3)MPHT111; 2002(4)MPLJ101
ORDERDipak Misra, J.1. Not for nothing it has been said by many a sagacious person that life, a priceless gift from the Almighty, folds itself in a multifaced manner so that many things ungravel sometimes creating shock and puzzlement. To what extent inferior endowments of nature can degrade a man to get himself involved in an activity which is comparable to a bestial proclivity, contrary to all the injunctions of the ethics has been exposed in the case at hand where the accused-appellant has approached this Court assailing the defensibilily of the judgment of conviction and order of sentence in respect of an offence punishable under Section 376 of the Indian Penal Code (in short 'the IPC') as he has been found guilty for having committed rape on his own daughter-in-law, the young lass who had a dream to fulfil and many aspirations to achieve. Going through the evidence (which shall be dealt with at a later stage) one is compelled to wonder and ponder whether man is 'at once is animal ...
Tag this Judgment!Suryabhan Singh and anr. Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Feb-11-2002
Reported in: I(2003)DMC159; 2002(3)MPLJ419
ORDERNarain Singh 'Azad', J.1. On 8th October, 2001, Mr. P.K. Verma, ASJ Jabalpur, framed charge for offences punishable Under Sections 304B, 306, 498A and 494, IPC against petitioner Suryabhan Singh and a charge for offence punishable Under Sections 306 and 494 read with Section 109 of the IPC against Mithlesh @ Mona, giving rise to this petition.2. It is not being disputed that Suryabhan Singh and one Sandhya got married on 23.6.1999. It is also not being disputed that Sandhya committed suicide on 4.10.2000. It is found stated in police statement of Saheb Singh and Yashoda, the parents of deceased Sandhya that when the fact of marriage between Suryabhan Singh and Mona @ Mithlesh came to the Knowledge of Sandhya, she could not tolerate and committed suicide.3. Mr. Singh has pointed out that on the basis of affidavit alone, which purports to have been sworn in by petitioner Mithlesh on 30.7.1999, the fact of marriage between the petitioners cannot be prima facie taken to have been prov...
Tag this Judgment!Suryabhan Singh and anr. Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Feb-11-2002
Reported in: 2002(5)MPHT50
ORDERNarain Singh 'Azad', J.1. On 8th October, 2001, Shri P.K. Verma, ASJ Jabalpur, framed charge for offences punishable under Sections 304B, 306, 498A and 494, IPC against petitioner Suryabhan Singh and a charge for offences punishable under Sections 306 and 494 read with Section 109 of the IPC against Mithlesh alias Mona, giving rise to this petition.2. It is not being disputed that Suryabhan Singh and one Sandhya got married on 23-6-1999. It is also not being disputed that Sandhya committed suicide on 4-10-2000. It is found stated in police statement of Saheb Singh and Yashoda, the parents of deceased Sandhya that when the fact of marriage between Suryabhan Singh and Mona alias Mithlesh come to the knowledge of Sandhya, she could not tolerate and committed suicide.3. Shri Singh has pointed out that on the basis of affidavit alone, which purports to have been sworn in by petitioner Mithlesh on 30-7-1999, the fact of marriage between the petitioners cannot be prima facie taken to hav...
Tag this Judgment!Rama Shankar Tiwari Vs. Smt. Sharda Tiwari
Court: Madhya Pradesh
Decided on: Feb-11-2002
Reported in: II(2002)DMC63; 2002(2)MPLJ394
ORDERNarain Singh 'Azad', J.1. By order dated 27th of June, 2001 Ku. Bhawna Sadho, J.M.F.C. Bhopal granted a monthly maintenance of Rs. 2,000/- in total to non-applicant and her 3 minor daughters, under Section 125 of the Cr. P.C This petitioner unsuccessfully challenged the aforesaid order in Cr. Rev. No. 307/2001, which stood disposed of by Special Judge and A.S.J. Bhopal on 20th of September, 2001.2. It is submitted on behalf of the petitioner that non-applicant is not his legally wedded wife and the petitioner earns a monthly income of Rs. 4,000/- only, out of which 2,000/- is ordered to be given to non-applicant and her daughters, whereas this petitioner has to maintain 5 members inclusive of his parents. So far as the 1st objection is concerned the learned J.M.F.C. has recorded the opinion against this petitioner. On appreciation of evidence, the learned A.S.J. has also considered the evidence of the parties on this point. Since re-appreciation of evidence is not permissible in e...
Tag this Judgment!Ashok Kumar and ors. Vs. State of M.P. and anr.
Court: Madhya Pradesh
Decided on: Feb-08-2002
Reported in: 2002(3)MPHT257
ORDERNarain Singh 'Azad', J.1. The petitioners seek quashment of order dated 30-8-2000 passed by the Authorised Officer under Section 52 of the Indian Forest Act, which shall herein after be referred to as 'Act', wherein the petitioners Truck bearing registration No. M.P.G.-2234 is ordered to be confiscated.2. The facts giving rise to the confiscation may be summarised as follows:--In P.O.R. No. 10286/3, dated 31-5-1985, the aforesaid Truck belonging to Madanlal Asati, the predecessor-in-title, of the petitioners, was seized by Shri P.K. Ghondke, Range Officer, Lamta, at Asati Saw Mill, Lamta, for transporting 24 logs of 'Beeja' illegally. Then a complaint under Section 26 of the Act read with Section 5 of the M.P. Vano-Upaj Vyapar Viniyaman Adhiniyam, was filed in the Court of Judicial Magistrate, First Class, Balaghat, against Madanlal Asati and five others, which was registered as Criminal Case No. 574/95. The proceeding under Section 52 (3) of the Indian Forest (M.P. Amendment) Act...
Tag this Judgment!S.S. Kaushal Vs. State Bank of India and ors.
Court: Madhya Pradesh
Decided on: Feb-08-2002
Reported in: (2003)ILLJ902MP
K.K. Lahotl, J. 1. This appeal is directed against the order in Writ Petition No. 4055/2000 decided on October 9, 2000. Contention of the appellant, that he be treated, in continuous service for the purposes of pensionary/retiral benefits from the date of his removal, after departmental enquiry by the employer, which though quashed by this Court but maintained by the Supreme Court, till the date of judgment of the Supreme Court in previous round of litigation, has been rejected by the learned single Judge. 2. Short facts of the case are that the petitioner was appointed in respondent-Bank on March 31, 1967. He was served with a charge sheet. After departmental enquiry, petitioner was removed from the service on May 8, 1984 vide order Annexure P/1. 3. Aggrieved by the order of removal, appellant filed an appeal to the appellate authority, but the same was dismissed and communicated to him on January 25, 1985. Appellant filed Misc. Petition No. 375/1987. Division Bench of this Court vide...
Tag this Judgment!Jagdish Barela Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Feb-08-2002
Reported in: 2002(5)MPHT107
ORDERS.L. Kochar, J.1. This revision is admitted for final hearing.2. With the consent of the parties the same is heard finally.3. This revision has been filed against the order dated 31-10-2001 passed by Second Addl. Sessions Judge, Khargone in S.T, No. 200/2001, State of M.P. v. Jagdish and four others rejecting the application filed by the Counsel for the applicant/accused persons for allowing him to contradict the witnesses Mangalia (P.W. 6) and Rola (P.W. 7) with their previous statements dated 13-8-99 recorded in S.T. No. 119/98 and 377/98. In that Sessions Trials for the same incident these two witnesses were examined by the prosecution and they had given different story about the incident than the story narrated before the Court against the present applicant in S.T. No. 200/2001. Therefore Counsel for the applicant submitted his prayer before the Trial Court for allowing him to contradict the witnesses from their statements and the same is permissible under Section 145 of Evide...
Tag this Judgment!Dharamchand JaIn Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Feb-08-2002
Reported in: 2002(5)MPHT371; 2002(2)MPLJ225
ORDERS.L. Kochar, J.1. The applicant has filed this revision against the judgment passed by the Special Judge, Ujjain in Criminal Appeal No. 2/99 on 10-5-2001 arising out of the order dated 13-10-97 passed by the Collector (Food), District Ujjain in Case No. 54/93 directing confiscation of the essential commodities seized by the officials of Revenue and Food Department on 30-4-97 from the grain-shop of firm Shaitanmal-Deepchand. The applicant was the proprietor of the said firm.2. The factual matrix in narrow compass as under:--On 30-4-97, a surprise checking of the shop of the applicant was done by the officials of Revenue and Food Department and they found that the stock of scheduled commodities was not maintained from 26-4-93 to 29-4-93, monthly report of scheduled commodities was not sent and the stock of wheat, gram, maize Raje Peasecod (Batla) and linseed (Alsi) was found in excess and declared as shown in the stock-register whereas, the stock of soyabean was found less than the ...
Tag this Judgment!Smt. Kamalvasini Agarwal Vs. R.D. Agarwal
Court: Madhya Pradesh
Decided on: Feb-08-2002
Reported in: 2002CriLJ4370; 2002(3)MPLJ220
S.P. Khare, J.1. This is an appeal by the plaintiff under Section 341 of the Code of Criminal Procedure, 1973 (hereinafter to be referred to as 'the Code)' against the order dated 19-12-2000 in M.J.C. No, 37 of 1996 of the 9th Additional District Judge, Jabalpur by which her application under Section 340 of the Code for prosecuting R. D. Agrawal, an Officer of Hindustan Petroleum Corporation for perjury punishable under Section 193, I.P.C. has been rejected, 2. Plaintiff Kamalvasini Agrawal had instituted Civil Suit No. 150-A of 1995 for eviction of defendant-Hindustan Petroleum Corporation under Section 12(1)(f) of the M.P. Accommodation Control Act, 1961 on the ground that the suit accommodation was bona fide required by her for carrying on her own business. That suit was decreed on 22-1-1996. During the pendency of that suit R. D. Agrawal, an Officer of the Hindustan Petroleum Corporation, was examined as a witness on behalf of the defendant. He deposed before the Court that: 'There...
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