Madhya Pradesh Court November 2005 Judgments
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Govind Kunwar and ors. Vs. Badriprasad and ors.
Court: Madhya Pradesh
Decided on: Nov-28-2005
Reported in: III(2006)ACC134
ORDERN.K. Mody, J.1. Being aggrieved by the award dated 30.7.1998 passed by II MACT, Mandsaur in Claim Case No. 243/1997 whereby the claim petition filed by the appellants has been dismissed, the present appeal has been filed.2. Short facts of the case are that undisputedly in a accident which took place in intervening night of 1.12.1994 and 2.12.1994 at about 11.00 p.m., deceased Devendra Singh died. Complaint was lodged at about 1.00 a.m. and thereafter, claim petition was filed by the appellants before learned Tribunal wherein it was alleged that the accident has taken place by the offending tanker bearing registration No. MP-14-C-3424 which was driven by respondent No. 1, owned by respondent No. 2 and insured with respondent No. 3.3. Upon complaint made by the appellants criminal case was registered at Crime No. 162/1994 and after the investigation the criminal case was dropped and final report was sent to the concerned Magistrate. The claim petition was opposed by the respondents ...
Naresh and ors. Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Nov-25-2005
Reported in: 2006CriLJ3372; 2006(2)MPHT235
A.K. Gohil, J.1. This judgment shall govern the disposal of both the aforesaid criminal appeals. In Criminal Appeal No. 440/97 appellants have challenged their conviction under Sections 302/34, 324/34, 323/34, 450, IPC and in Criminal Appeal No. 444/98 the appellant/State after obtaining leave of this Court has challenged the acquittal of all the five respondents under the aforesaid sections.2. It is not in dispute that during the pendency of Criminal Appeal No. 440/97, appellant No. 2 Buddha s/o Mulchand has expired, therefore, his appeal against conviction stood abated. Respondent No. 3 in Criminal Appeal No. 444/98 Mulchand s/o Biharilal has also expired during the pendency of the appeal, therefore, the appeal stood abated against respondent No. 3 Mulchand.3. As per prosecution story, the incident took place on 24-1-1994 at about 8.00 in the night. On that day, appellant Naresh picked up stones which were kept outside the house of complainant Gyarasibai and started throwing them. Gy...
Rajaram Sharma Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Nov-25-2005
Reported in: 2006(3)MPHT186
A.K. Shrivastava, J.1. This appeal has been directed against the judgment of conviction and order of sentence dated 30-1-1999 passed by Special Judge, Gwalior, convicting the appellant under Section 161, IPC as well as under Section 5(1)(d) read with Section 5(2) of Prevention of Corruption Act, 1947 (in short 'the Act') and sentencing him to suffer R.I. of one year under Section 161, IPC and fine of Rs. 200/-. He is further convicted under Section 5(1)(d) read with Section 5(2) of the Act for one year RI and fine Rs. 200/-, in default of fine, he has been further directed to suffer RI of two months.2. In brief the case of prosecution is that complainant Kailash Singh Bhadoriya was serving in the office of Life Insurance of the State of Madhya Pradesh. He was transferred from Gwalior to Jabalpur in the year 1983. But, his family members were residing in Gwalior in a rented house. On 13-12-1986 complainant, came to Gwalior from Jabalpur and in between 17-12-1986 to 22-12-1986 he was on ...
Oriental Insurance Co. Ltd. Vs. Mahesh Prasad Rawat and ors.
Court: Madhya Pradesh
Decided on: Nov-25-2005
Reported in: 2007ACJ1142; 2006(2)MPLJ145
Arun Mishra, J.1. This appeal has been preferred by Oriental Insurance Co. Ltd. aggrieved by an award dated 10.5.2001 passed by Second Additional Member, M.A.C.T., Bhopal in MCC No. 64 of 1998. Claimants have also filed cross-objections for enhancement of compensation.2. In short the claimants' case is that on 16.8.1996 Sandhya was travelling in jeep No. MP 04-A 5157, when it reached near Bhanpura police check post, bus No. MP 04-H 7445 dashed the jeep, bus was driven at excessive speed, Sandhya, driver and other sustained injuries. Sandhya was taken to Padar Hospital for treatment where she died. Autopsy was performed on 17.8.1996. Bus was driven by Mohd. Umar. Age of deceased was 35 years. She was unmarried. She was hale and hearty. She had decided not to marry. She was the only daughter of claimants. She was working as Assistant Instructor in Aaganwadi Centre, earning Rs. 1,300 per month. She was obtaining other facilities also. In addition she used to do the work of handicraft and ...
Rekha Bai and ors. Vs. Samiulla and ors.
Court: Madhya Pradesh
Decided on: Nov-25-2005
Reported in: 2007ACJ524
Arun Mishra, J.1. This appeal has been preferred by claimants for enhancement of compensation aggrieved by an award dated 24.2.2001 passed in Claim Case No. 50 of 2000 by Addl. Motor Accidents Claims Tribunal, Multai, District Betul.2. In an accident dated 5.4.93 deceased Vitthalrao Satpute was travelling in bus No. DDT 9201 which was coming from Savangi to Masod. Deceased was going to the place of his duty. Bus was driven by Samiulla, it was owned by Ramrao and was insured with New India Assurance Co. Ltd. Claimants are widow, children, parents and brother of the deceased. The deceased was travelling on the rear seat; all of a sudden door opened, he fell down, sustained injuries and died. Report of the accident was lodged. Offence under Section 304A of the Indian Penal Code was registered as against the driver. Vitthalrao was sole bread-earner for the family. He was a craft teacher in the government school. Compensation in the sum of Rs. 25,24,000 was claimed by claimants. Non-applica...
Kailash Chandra Maheshwari and ors. Vs. State of Madhya Pradesh and or ...
Court: Madhya Pradesh
Decided on: Nov-24-2005
Reported in: 2006(1)MPHT349; 2006(1)MPLJ322
ORDERRakesh Saksena, J.1. Petitioners have filed this petition under Section 482 of the Code of Criminal Procedure (for short 'the Code') for quashing the criminal proceedings of Criminal Case No. 401 of 1998 pending in the Court of Chief Judicial Magistrate, Sehore and the order passed by Chief Judicial Magistrate on 4-12-1999 framing charge against them for the offences under Section 498A of the IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961.2. Facts giving rise to this petition are that respondent No. 3, Smt. Sandhya was married to Sanjay Maheshwari on 3-12-1991. On 4-3-1997 Ghanshyam Das, father of Sandhya, lodged a written report with the Superintendent of Police, Sehore, alleging that on 20-8-1996 he had submitted a written report to Police Kotwali, Sehore, but the police did not take any action against the accused persons and still her in-laws were harbouring illwill against her, therefore, he prayed stringent action against those persons. He annexed the photo copy ...
New India Assurance Co. Ltd. Vs. Ratibai and ors.
Court: Madhya Pradesh
Decided on: Nov-24-2005
Reported in: 2007ACJ1119
Arun Mishra, J.1. This appeal has been preferred by the insurer aggrieved by an award dated 15.10.1998 passed by the M.A.C.T., Sagar in Claim Case No. 22 of 1997.2. Widow and four daughters of the deceased filed claim petition on account of death of Chintaman Kurmi. In an accident dated 26.5.1997 when deceased was travelling in the jeep, driver Lalgiri drove it in a rash and negligent manner due to which Chintaman fell down, sustained injuries on his head, leg and hands and died in the government hospital. Report was lodged at P.S. Naryavali. An offence under Section 304A, Indian Penal Code was registered at Crime No. 126 of 1997 against Lalgiri. Charge-sheet was filed in the competent court. Vehicle was owned by Dashrath Lal Yadav and insured with New India Assurance Co. Ltd. Deceased was in the grocery business and used to run flour mill. His earnings were claimed to be Rs. 4,000 per month. Total compensation of Rs. 9,60,000 was claimed. The learned Claims Tribunal has awarded the to...
Janki Bai and ors. Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Nov-23-2005
Reported in: 2006CriLJ1211; I(2006)DMC405; 2006(1)MPLJ523
A.K. Shrivasvata, J.1. Feeling aggrieved by the judgment of conviction and order of sentence dated 28.8.2002, passed by VIth Additional Sessions Judge, Bhind in Sessions Trial No. 28 of 2001 convicting appellants 1 to 3 under Section 498A of I.P.C. and sentencing them to suffer RI of one year each and fine of Rs. 1,000 (Rs. one thousand each) in default, two months RI and convicting appellant No. 4 under Section 304B of I.P.C. and sentencing him to suffer seven years RI, the appellants have knocked the door of this Court by preferring this appeal under Section 374(2) of the Code of Criminal Procedure, 1973.2. In brief, the case of the prosecution is that Nisha (hereinafter referred as to the 'deceased)) got married with Yatendra Singh @ Kallu. The accused persons were not satisfied by the dowry given by parents of the deceased and after the marriage, they made demand of dowry and started ill-treating the deceased. The deceased was pressurized to bring dowry. The deceased when used to c...
Peeru Alias Prabhulal Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Nov-23-2005
Reported in: 2006(1)MPHT546
A.K. Shrivastava, J. 1. Feeling aggrieved by the judgment of conviction and order of sentence dated 841 -2000 passed by 1st Additional Sessions Judge, Guna in Sessions Trial No. 158/2000 convicting the appellant under Section 376, IPC and sentencing him to suffer R.I. of 10 years and fine of Rs. 10,000/-, in default, further S.I. of six months, the appellant has knocked the door of this Court by preferring this appeal.2. Sans unnecessary details, the facts lie in a narrow compass, On 9-5-1994 prosecutrix lodged a First Information Report that she is the resident of Fatehgarh and the appellant is the resident of Village Jhiri. The appellant happens to say her that he is having relations with the Chief Minister and he can manage to allot Patta of the land to the prosecutrix. Eight days earlier to the date of incident, appellant along with Ransingh, brother-in-law (Jeeja) of the prosecutrix and the prosecutrix on the pretext of allotment of Patta, came to Guna where all these three person...
Narendra Kumar Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Nov-23-2005
Reported in: 2006FAJ121
ORDERW.A. Shah, J.1. On 17-3-1994 the Food Inspector, R.C. Gupta, at M. G. Road, Sonkutch inspected the shop of the accused/applicant and on its inspection found that the applicant was offering for sale number of items of sweets and other food. He was yet not having any license issued under Rule 50 of the M.P. Prevention of Food Adulteration Rules. The Food Inspector also suspected that the BARFI which was being offered there for sale was adulterated, therefore, he after following requisite formalities also obtained sample thereof for food analysis. It was thereafter as per procedure prescribed put to analysis. The analysis revealed it to be adulterated. With due sanction the applicant was accordingly prosecuted for adulteration and for want of license. He pleaded not guilty. The trial ended in conviction. He was thus sentenced under Section 16(1)(a)(i) of the Prevention of Food Adulteration Act (for short 'Act' hereafter) to six months RI and fine Rs. 1,000/- and under Section 16(1)(a...
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