Madhya Pradesh Court February 2004 Judgments
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Lalji Alias Lal Babu Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Feb-11-2004
Reported in: 2004CriLJ2640; 2004(2)MPHT87; 2004(2)MPLJ138
A.K. Shrivastava, J.1. The appellant assailed judgment of his conviction and order of sentence passed by learned Trial Court convicting him under Section 459 of the Indian Penal Code (hereinafter referred as to 'the IPC') and sentenced him to suffer imprisonment of 10 years and fine of Rs. 5000/-, in default, six months' further R.I.2. Sans unnecessary details, the facts lie in a narrow compass. In between the night of 10th and 11th of August, 2000, complainant Shivnarayan was sleeping in his house, his wife Mamta Bai was also sleeping nearby him. The light of the room was on, at that juncture, he whisper of jump, as a result of which, his wife woke up and screamed. He also woke and saw that one miscreant is hidden in the room and when the complainant tried to catch him, he warned not to come forward, otherwise, he would fire. The complainant even then tried and succeeded in catching him but in the meantime, he fired by a katta as a result of which, the complainant sustained injury on ...
Kerma and anr. Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Feb-11-2004
Reported in: 2004(2)MPHT256; 2004(2)MPLJ110
A.K. Shrivastava, J.1. The appellants by this appeal have challenged the judgment of conviction and order of sentence dated 22-11-2000 passed by Additional Sessions Judge, Karera in Sessions Trial No. 290/99 convicting them under Section 395 of the Indian Penal Code (hereinafter referred to as 'IPC') and sentencing them to suffer R.I. seven years and fine Rs. 2000/-, in default further six months R.I. each.2. No exhaustive statements of facts are necessary for the disposal of this appeal. Suffice it to say that on 22-3-99 one Bus No. MP 08/9099 which was being driven by driver Gajendra Singh, was coming towards Gwalior. In the Bus Samarpal Singh (P.W. 2) was the conductor, when this bus reached near Nariya at that juncture some miscreants who were hidden in the bushes came out and encircled the bus. These miscreants looted the passengers. In the meantime Dharmendra Yadav (P.W. 7) along with his friend Rajendra Gurjar was coming in a jeep, he was having cash Rs. 50,000/- (Rupees fifty t...
Bhil Singh Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Feb-11-2004
Reported in: 2004(2)MPHT472; 2004(3)MPLJ78
S.L. Kochar, J.1. The appellant has filed this appeal against the Judgment of conviction delivered on 14th March, 1996 rendered in ST No. 666/95 by learned 1st Additional Sessions Judge, Alirajpur, Whereby he convicted the appellant for the offence under Section 302, IPC and sentenced him rigorous imprisonment for life.2. The prosecution case Mul Tum in Purbo is that on 14th February, 1995, in village Bawadi falia, daughter of one Vesta had died. The villagers, along with deceased Raisingh, appellant Bhilsingh, witnesses Raqsingh, Amarsingh went to cremation ground for performing her funeral. Deceased Raisingh was the brother of Amarsingh (P.W. 3). When they were returning after performing the funeral, they had also consumed some liquor and thereafter, on account of some previous enmity, dispute arose between the appellant and deceased Raisingh. Appellant dealt two axe blows, one on the left parietal region and second on the left shoulder to Raisingh. The deceased Raisingh while crying...
Harprasad and ors. Vs. Badri Prasad
Court: Madhya Pradesh
Decided on: Feb-11-2004
Reported in: 2005(1)MPHT409; 2005(1)MPLJ161
ORDERS.K. Pande, J.1. This petition under Section 482 of Cr.PC is directed against the order dated 16-4-96, passed by 1st ASJ, Rewa in Criminal Revision No. 43/96 arising out of order dated 3-4-96 passed by SDM, Sirmour in Cr. Case No. 43/82.2. The dispute relates to agricultural land khasra No. 291 Area 6.374 Village Hinouta, Tehsil Sirmour, Distt. Rewa. Respondent Badri Prasad lodged a report alleging inter alia that he being the owner, remained in possession of the disputed land however on 26-3-82 the petitioners entered into the field and forcibly removed the crop. On this, an Istagasa under Section 145, Cr.PC was filed against respondent Badri Prasad and petitioners. After passing the preliminary order the SDM affected attachment of the disputed land and it was given on Supurdnama to 3rd person. Petitioners contended that Jeewan Lal, Chhotelal and Rajendra Prasad were the recorded owner of the disputed land and vide Regd. Sale Deed dated 27-8-80 sold it to petitioner Ramadhar. Acc...
Samrath Madhuriya and anr. Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Feb-10-2004
Reported in: 2004(2)MPHT60; 2005(2)MPLJ11
ORDERAshok Kumar Tiwari, J.1. This revision is directed against the judgment and order dated 2-5-2003 pased by learned Fourth Additional Sessions Judge, Ratlam in Criminal Appeal No. 191/2002.2. Briefly stated, the facts giving rise to this revision are that Police, Ratlam filed a charge sheet against the appellants and one other accused person Bhagirath s/o Munnalal under Section 5/25(1)(a), Arms Act, where upon a criminal case was registered against the said persons. Bhagirath died during the pendency of the trial, therefore, applicants alone were tried by the Trial Magistrate for the commission of the offence punishable under Section 25(1)(a) of Arms Act and after trial, they were convicted for the commission of the above said offence and sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs. 250/- each vide judgment and order passed by learned Judicial Magistrate First Class, Ratlam in Criminal Case No. 185/2002 on 14-11-2002. Feeling aggrieved by the a...
Bherulal Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Feb-10-2004
Reported in: 2004(2)MPHT63
Ashok Kumar Tiwari, J.1. Appellant herein stands convicted under Section 8/21 Narcotic Drugs and Psychotropic Substances Act, 1985 by Special Judge (N.D.P.S. Act), Mandsaur District, Mandsaur (M.P.) vide his judgment and order passed on 31-3-2000 in Special Case No. 141/97.2-A. Briefly stated, the prosecution's case is that Kailash Narayan Sharma (P.W. 12) was posted as Assistant Sub Inspector at Police Station, Suwasra. As at that day the Station House Officer of Police Station was not present at the Police Station, therefore, he was the Incharge of Police Station, Suwasra, District Mandsaur. On that day, he received a secret information that Bherulal s/o Mangilal r/o Basai is keeping smack illegally in his possession. Kailash Narayan Sharma (P.W. 12) made an entry in daily Roznamcha and he also apprised Ratan Singh and Omprakash, Constables posted at the Police Station, Suwasra. Panchnama (Ex. P-15) was prepared by Kailash Narayan Sharma (P.W. 12) and the information was taken down a...
Fatto Alias Phoola Alias Kamla Bee Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Feb-10-2004
Reported in: 2004CriLJ4353; 2004(2)MPHT67; 2004(2)MPLJ122
A.K. Shrivastava, J.1. Feeling aggrieved by the judgment of conviction and order of sentence dated 6-11 -2000 passed by Special Judge, Vidisha in Special Case No. 32/2000 convicting the appellant under Section 8 read with Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred as to 'the Act'), the appellant has preferred this appeal under Section 374 of Code of Criminal Procedure, 1973.2. In brief, the case of the prosecution is that on 4-5-2000, Excise Sub Inspector Gopilal Sharma (P.W. 3) received an information that the appellant is carrying poppy straw. This information was registered in the offence register and the information was transmitted to the Distt. Excise Officer vide Ex. P-10. Thereafter, along with S.P. Mishra (P.W. 4) who is Asstt. Excise Officer and is a Gazetted Officer alongwith his staff, he rushed at Madhoganj Chauraha alongwith witnesses Harishanker Sharma and Rambabu Dubey. After sometime, the appellant who was carrying a can...
Munna @ Shyamsundar Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Feb-10-2004
Reported in: 2004(2)MPHT524; 2004(3)MPLJ59
Ashok Kumar Tiwari, J.1. This revision is directed against the judgment and order dated 30-10-1998 passed by learned IV Additional Sessions Judge, Ujjain (M.P.) vide which the appeal of the applicant, against conviction and sentence awarded to him, has been rejected.2. Applicant and other co-accused persons were tried for committing offences punishable under Sections 294, 323/34, 324/34 and 341 Indian Penal Code by learned Judicial Magistrate First Class, Badnagar District Ujjain (M.P.) and vide judgment and order delivered by him in Criminal Case No. 60/95, other co-accused persons were acquitted of aforesaid charges, but applicant was convicted only under Section 324 IPC and sentenced to undergo rigorous imprisonment for six months and to pay a fine of Rs. 500/-. Feeling aggrieved by the conviction and sentence, applicant preferred an appeal. Learned IV Additional Sessions Judge, Ujjain (M.P.) vide impugned judgment and order rejected the appeal of the applicant and confirmed his con...
Ambika Prasad Bakshi Vs. Prabhudayal Mali and ors.
Court: Madhya Pradesh
Decided on: Feb-10-2004
Reported in: 2004(4)MPHT292; 2004(3)MPLJ596
ORDERK.K. Lahoti, J.1. The petitioner aggrieved by the order (Annexure P-l), dated 17-11-2003 passed by First Additional Judge of the Court of 1st Civil Judge, Sagar, in Civil Original Suit No. 34-A/2003, has filed this petition. By the impugned order, the Court below allowing the application filed by respondents under Section 9 of CPC recorded a finding that the suit is barred by principle of res judicata and dismissed the suit.2. The learned Counsel appearing for petitioner submits that the order passed by the Court below is neither appealable nor revisable and this petition may be entertained. The contention is that the Trial Court without following the procedure of law decided the application filed by respondents. Before deciding the application under Section 9 of CPC and to consider the plea of res judicata, it was necessary for the respondents to place all material on record and the Trial Court ought to have considered the pleadings of previous suit, issues and the judgment witho...
Hiralal Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Feb-10-2004
Reported in: 2005(2)MPHT88
ORDERS.K. Pande, J.1. 1st ASJ, Balaghat vide impugned judgment dated 29-8-2002 in S.T. No. 180/2001, recording the conviction of accused/appellant under Section 304 (II) of IPC sentenced him to undergo R.I. for a period of 7 years. Being aggrieved, the present appeal under Section 374 of Cr.PC has been preferred.2. Deceased Mehar Singh was real brother of accused/appellant. On 6-6-2001 there had been an altercation in presence of other family members. Being intervened, the matter for the moment, was settled. However, the accused/appellant was hiding himself on the side of gali. Late Mehar Singh while returning, was passing through the said gali, accused/appellant giving him a lathi blow on his abdomen, inflicted internal injury. Late Mehar Singh became unconscious. Report (Ex. P-5-C) was lodged to the police by his wife Somti Bai. Late Mehar Singh was then sent for medical examination. As per report (Ex. P-1), mark of external injury, on any part of body, was not visible. However, for ...
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