Court : Madhya Pradesh
Decided on : Dec-22-1995
Reported in : 1996(0)MPLJ671
..... accused/appellant have not been explained by the prosecution. therefore, the accused/appellant is entitled to acquittal and in any case, conviction under section 302 of the indian penal code cannot be sustained because there was no intention to cause death on the part of the accused/appellant.8. in this case, 'sanha' no. 708 dt. 30-10-1985 (ex. p/13) regarding ..... is established that lekhansingh received severe injuries including injuries on his head and that he informed that the accused/appellant had assaulted him. in fact from the statement under section 313 of the criminal procedure code of the accused/appellant himself, as has been mentioned earlier also, it would be clear that he was present on the spot and had assaulted the deceased, though ..... injuries were sustained by the accused/appellant, the entire prosecution evidence cannot be thrown overboard and cannot be discarded. moreover, this aspect of the matter shall also be taken into consideration, while determining the culpability of the accused/appellant later.22. it has been next contended on behalf of the accused/appellant that he had assaulted the deceased lekhansingh in ..... how and in what circumstances injuries have been inflicted on the person of the accused.'19. thus, non-explanation of the injury is a factor which is to be taken into consideration in judging the veracity of the prosecution witnesses and the court should scrutinise their evidence with care. in some cases, the failure of the prosecution to account for .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Dec-20-1995
Reported in : 1996CriLJ2268
..... / appellant.5. the learned trial court framed charges for offences punishable under sections 328, 302, 498a of the indian penal code against the accused for having administered 'dhatura' with an intent to cause death of the deceased and for having caused her death and also for having treated her with cruelty. after trial, all the ..... . 5), who had conducted postmortem of the body of deceased vishnu priya and as per post mortem report (ex. p/4), that no definite cause of death was disclosed by post-mortem and that some hard seed like substance was found in the stomach of the deceased, which as also the viscera, etc ..... shrivastava, (not examined) and their report is as per ex. p/3. no external injury was found on the body of the deceased and the cause of death could not be detected on post-mortem examination, as indicated in post-mortem report (ex. p/4). the viscera, fingertip nails, etc. were preserved ..... whereof is (ex.p/26). the report of f.s.l. (ex. p/45) discloses that the viscera contained 'dhatura- alkeloid'. therefore, the death of vishnu priya appears to be on account of administration of dhatura seeds.16. the question that arises for consideration is whether the accused/appellant had administered ..... v.k. agrawal, j.1. this is an appeal preferred under section 374 of the criminal procedure code by accused/appellant, who has been convicted under sections 302, 328,498a of the indian penal code by i additional sessions judge, raigarh by his judgment dated 21-10-1986 in s.t.no. 53/1986 .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Dec-20-1995
Reported in : 1996CriLJ2593; 1996(0)MPLJ898
..... as the ground no. 8 is concerned, the detenu was prosecuted under section 411 and not under section 447 and 380 of the indian penal code which resulted into acquittal of the detenu the judgment of which was passed on 30th dec. 1993 in case no. 2181/88 by the judicial magistrate first class manendragarh. the report was sent by the superintendent of police, to ..... . state of uttar pradesh, (1983) 4 scc 537.4. shri r.p. agrawal, addl. advocate general on behalf of the state contended that the detenu has not pointed out any procedural defect in the order of detention. the detention order cannot be said to be vitiated merely because of the grounds are non-existent or non-germane, it is cumulative effect ..... court for bail by claiming an order of detention. the possibility of the court granting bail may not be sufficient. nor a baled statement that the person would repeat his criminal activities would be enough. there must also be credible information or cogent reasons apparent on the record that the detenu, if enlarged on bail, would act prejudicially to the interest ..... order. grounds nos. 1 to 16 are stale from the year 1988 to 1991 pertaining to commission of penal offences like theft, trespass, wrongful confinement, causing hurt and of threatening or are of preventing acts under section 107/116, cr.p.c. which relates to law and order and not public order. ground no. 16 relates to a quarrel with one lachand .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Dec-18-1995
Reported in : 1996CriLJ2769
..... pachori (p.w.i6) till sending requisition (ex.p/13) to block medical officer at about 2.20 pm. was not aware that the injuries could cause her death and he further states that within a period of 15 minutes, after recording of 'sanha', i.e., at about 2.30 p.m., he reached the ..... and after completion of usual formalities, the chargesheet was filed. 4. the learned trial judge, after evaluating the evidence, held that offences punishable under sections 302 & 498a of the ipc are proved beyond reasonable doubt against the accused/appellant and convicted and ssentenced her as aforesaid, mainly relying upon the dying declaration (ex.p/13- ..... the finding and conviction recorded by the impugned-judgment, learned counsel for the respondent-state has urged that the dying declaration (exp/13-b) recorded by the executive magistrate & tahsildar, shri c.b. guru (p.w.i2) gives the correct version of the incident. thereafter, ex.p/16, the f.i.r. was recorded ..... and at what time had it been recorded or whether it was recorded at all. the trial court does not appear to have taken the above factors into consideration.24. it is also pertinent to note that ex.p/l6 cannot be treated as an f.i.r., because 'sanha' report (ex.p/ ..... that, as a matter of law, a dying declaration can be acted upon without corroboration. there is not even a rule of prudence which has hardened into a rule of law that a dying declaration cannot be acted upon unless it is corroborated. the primary effort of the court has to be to find .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Dec-11-1995
Reported in : AIR1996MP147; 1996(0)MPLJ461
..... are made by, such first mentioned court may, of its own motion or on the application of the collector, take such order into ..... in the exercise of its civil or revenue jurisdiction or any criminal court in any proceeding under chapter xii or chapter xxxvi of the code of criminal procedure, 1898, makes any order admitting any instrument in evidence as duly stamped or as not requiring a stamp, or upon payment of duty and penalty under section 35, the court to which appeals lie from, or references ..... deemed to be duly stamped; (d) nothing herein contained shall prevent the admission of any instrument in evidence in any proceeding in a criminal court, other than a proceeding under chapter xii or chapter xxxvi of the code of criminal procedure, 1898 (5 of 1898); (e) nothing herein contained shall prevent the admission of any instrument in any court when such instrument has been ..... amount of stamp duty. he placed reliance on a division bench judgment of this court in the matter of hatimbhai v. kanhaiyalal, a judgment in c.r. no. 401 of 1973 decided on 20-3-1975 reported in 1975 mplj 45, note no. 76 wherein this court held that:'the judicial determination by a court holding the document to be admissible .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Nov-28-1995
Reported in : 1997(1)MPLJ536
..... in sessions trials referred above, of holding him guilty for committing offences punishable under section 302 and 302, of the indian penal code, and recommending to sentence him to death. the said references, made under section 366, criminal procedure code and criminal appeals referred above shall be decided simultaneously, by this single judgment.2. from the ..... his son accused/appellant niman sha, reached a rivulet and were crossing it, the accused started quarrelling with his father raman sha. he threatened to cause hurt to raman sha. at that time nanjo bai (since deceased) was harvesting 'kutki' crop near the said rivulet of village dhalapathar. when ..... section 471 sub-section (1) of the criminal procedure code, of 1898, corresponds to section 335, of the criminal procedure code of 1973. thus the accused comes within the definition of a 'criminal lunatic'. section 24 of the indian lunacy act, provides that an order under section 466 or 471 of criminal procedure code, or section 30 of the prisoners act, or section 103a, of the indian army act directing the reception of a criminal lunatic into ..... inquiry been made, it could have been verified as to whether the reader of the court had or had not placed the said application before the magistrate concerned, and the magistrate concerned could have been compelled to pass an order in writing, pertaining to the said petition.19. as the case may be, in the present case as well, the procedure enumerated in section 329, criminal procedure code .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Nov-24-1995
Reported in : AIR1996MP188
..... made by dy.chief accounts officer/m (centralisedpayment cell), pseb, patiala. the billsshould therefore, be sent to him direct asindicated in clause 22. by, chief accounts office/m (cpc) section, pseb, patiala shall release the payments against rr/ receipted challans only if the bank guarantee for claiming 100% payment and the security as per clause 6 of purchase, order is ..... of irrevocable letter of credit or of confirmed letter of credit or a bank guarantee, there should be a serious dispute. a fraud like any other charge of a criminal proceeding must be established beyond reasonable doubt. a finding as to fraud cannot be based on suspension and conjectures. see alm narainjan chittiar v. official assignee high court rangoon ..... epidemics or non-availability of govt. controlled raw material under orders/ instructions of central/state government regulations, strikes, lockout embargo, acts of civil/military authorities of any other causes beyond their reasonable control, neither of the two parties shall be made liable of losses or damages due to delay or failure to perform the contract during the currency of ..... of this petition, under article 226 of theconstitution of india. the broad argumentwhich has been advanced on behalf of thepetitioner concern, which furnished the bankguarantee and which entered into an agreement for sale of material manufactured by it isthat the condition precedent for invoking thebank guarantee are not in existence. it hasbeen urged inter alia that the board .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Nov-21-1995
Reported in : 1997(1)MPLJ397
..... nothing on record to indicate that the present case would be covered by the general exception enumerated under section 84, indian penal code. from the medical evidence available on record, it is established that the accused had caused such injuries that three vital organs of the body of punitram, to wit, his brain, his ..... . in the opinion of doctor rawat, the said injuries were of 24 to 36 hours duration.6. after completion of investigation, a report under section 173, criminal procedure code was filed in the competent court. the accused denied the said allegations and submitted that he did not know anything about the incident. he was ..... failed to establish necessary ingredient of intention or knowledge, or in other words necessary mens rea on the part of the accused in committing the said criminal act, and hence, the accused is entitled to be acquitted.20. in reply, it has been argued for the prosecution that there is absolutely ..... the said case, it was found that there was the history of mental derangement of the accused/appellant and victim of the incident was done to death by inflicting as many as twelve injuries for a trivial thing, viz., the taking of a jute string from the field of the accused.26. ..... the said blood stained axe as per seizure memo (ex.p/2).4. thereafter, on 18-12-1985, shri s. n. pateria (pw/16) conducted death inquest as per seizure memo (ex.p/4) at police station arjuni and soon thereafter, the dead body of punitram was sent to government hospital, dhamtari, .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Nov-21-1995
Reported in : 1996CriLJ2254
..... believed as, she admittedly was leading an immoral life and had illicit connections with the accused. immediately, after falsely involving the accused in this criminal case she entered into marriage with ramdin, cousin brother of the deceased. it is submitted that the evidence is highly unnatural and improbable.8. it is also argued ..... no. 179 of 1989 and crl. appeal no. 205 of 1989 filed by the convict from jail.2. the sole appellant stands convicted under section 302, ipc and sentenced to life imprisonment by the judgment dated 31st march 1989 of the court of sessions judge, datia.3. the case against the accused ..... diloripar, district datia, the appellant entered the house and fired with a country made pistol in his hand, by which he shot at the deceased causing instantaneous death of . phoolsingh.4. the first information report was lodged by the village-watchmen, ex. p/1, in out post police station magroul and ..... witnesses and they have also tried to falsely implicate the accused because of the past enmity. it is pointed out that pyarelal had filed a criminal report against the convict accused and in the witness box admits that his relations were sore with pyarelal.9. shri jai prakash sharma, learned ..... assailant would have spared her life.11. the accused examined defence witnesses three in number and has also stated in the course of his examination under section 313, cr. p.c. that p.w. 19, maya had developed illicit relationship with ramdin and to achieve her plan of remarriage, the .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Nov-16-1995
Reported in : 1996(0)MPLJ280
..... . the impugned order was passed invoking the provisions of section 139 of the code of criminal procedure.2. learned counsel for the petitioner pointed out in this petition under section 482 of the code of criminal procedure that the trial court had no power under section 319, criminal procedure code to summon an accused to face the trial, who was not committed by the magistrate after enquiry.3. learned counsel for the complainant ..... 319, criminal procedure code and held ..... relied on two cases of the apex court on this point, in which the supreme court had considered the scope of sections 193 and .....
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