Court : Allahabad
Decided on : Sep-06-2000
Reported in : AIR2001All63; (2001)1UPLBEC44
A.K. Yog, J.1. All these petitions were clubbed and heard together as jointly agreed by the learned counsels for the parties. Salient facts of the cases are not disputed.2. These petitions have been filed by certain students, registered bonafide students of the University of Allahabad (called the 'University') and its affiliated Colleges (called the 'Colleges') being aggrieved due toinaction of the Respondents in the matters of 'unfair means cases' and failing to discharge their statutory obligation under Uttar Pradesh State Universities Act, 1973 (called the 'Act, 1973') due to pendency of criminal proceedings under The U.P. Public Examinations (Prevention of Unfair Means) Act, 1998 (called the 'Act, 1998') and as a consequence thereof these students being prevented from further pursing their respective academic studies.3. These Petitioners are charged of using means while appearing in their respective examination conducted by the University / Colleges. First Information Reports have ...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-29-2000
Reported in : 2001(1)ALD(Cri)337; 2001(1)ALT(Cri)193; 2001CriLJ1319
Vaman Rao, J.1. This appeal is directed against the judgment in S.C. No. 590/1993, dt. 28-2-1995 on the file of the I Additional Metropolitan Sessions Judge, Hyderabad, in which the appellant-accused has been convicted for the offences under Sections 498-A and 306, I.P.C., and sentenced to imprisonment for a period of five years and to pay a fine of Rs. 200/- and imprisonment for a period of two years and to pay a fine of Rs. 100/- respectively with appropriate sentence in default of payment of fine and both sentences have been directed to run concurrently.2-3. The case of the prosecution may be stated briefly as follows :The deceased, Shiva Kumari is the daughter of P.W. 1. She was married to the accused eight years prior to her death. She had a son and two daughters through the accused. The marital life went on happily for six years after the marriage. Thereafter, the accused started quarrelling with the deceased-Shiva Kumari and used to beat her in a drunken state. The deceased has ...
Tag this Judgment!Court : Chhattisgarh
Decided on : Dec-29-2000
Reported in : 2001(2)MPHT55(CG)
ORDERR.S. Garg, J.1. It appears that one M.S. Chauhan, Assistant Sub-Inspector was examined in the Court on 23-1-1992 while the original complainant was examined in the Court on 21-4-1997 ie., almost after five years of examination of Shri M.S. Chauhan. The applicant submitted before the Trial Court that in view of certain contradictions emerging in the statements of the original complainant Chhatrapal and M.S. Chauhan said M.S. Chauhan be recalled and applicant be permitted to recross examine. The said application has been rejected by the Lower Court simply on the ground that the present applicant had sufficient opportunity to cross-examine the witnesses.2. From the records it clearly appears that certain questions which are required to be put to MS. Chauhan could never be put to him on 23-1-1992. The applicant/accused did not know as to what the original complainant Chhatrapal was going to state in the Court.3. The questions proposed by the present applicant for further cross-examina...
Tag this Judgment!Court : Guwahati
Decided on : Dec-22-2000
Reported in : 2001CriLJ1340
1. Heard Mr. A. Ghosh, learned counsel for the appellant as well as Mr. H. Sarkar, learned Addl. PP for the State.2. This criminal appeal has been preferred against the judgment of conviction and sentence dated 30.6.1997 passed by the learned Addl. Sessions. Judge. South Tripura, Udaipur in case No. S.T.35(S.T./A)/96 whereby the appellant was convicted under section 307 IPC and sentenced to suffer RI for 5 years with a fine of Rs. 2,000, in default, RI for one year more and also convicted under section 27 of the Arms Act with a sentence of RI for one year and a fine of Rs. 500, in default, RI for 3 months more.3. The appellant preferred this appeal while in custody on 29.1.2000 seeking condonation of delay which has been condoned and the appeal was admitted on 7.2.2000.4. The prosecution case is that on 9-10-1995 at about 11-45 hrs. while the Addl. SP being accompanied by other Police personnel and TSR jawans was conducting a special operation at Ruhidaspara under Taidu PS, some extrem...
Tag this Judgment!Court : Mumbai
Decided on : Dec-22-2000
Reported in : 2001ALLMR(Cri)934; 2001CriLJ1555
S.G. Mahajan, J.1. This common judgment shall dispose of Criminal Appeal No. 339 of 1995 and Criminal Appeal No. 361 of 1995. Criminal Appeal No. 339 of 1995 is brought by appellants No. 1 Ashok Kawaduji Salame and No. 2 Ashok Ramrao Bhujbal, who were accused No. 1 and 2 respectively, and Criminal Appeal No; 361 of 1995 is brought by appellant Anil Pundlikrao Badhe, who was an accused No. 3, in Sessions Trial No. 163 of 1993 on the file of the learned Additional Sessions Judge, Amravati. Each of the above accused was convicted of the offences Under Section 376(2)(g), Section 506 read with Section 34 and Section 448 read with Section 34, I.P.C. and was sentenced to suffer R.I. for ten years and to pay a fine of Rs. 5,000/-or in default to suffer R.I. for six months more for the offence Under Section 376(2)(g), I.P.C., to suffer R.I. for one year for the offence Under Section 506 read with Section 34, I.P.C. and again to suffer R.I. for one year for the offence Under Section 448 read wit...
Tag this Judgment!Court : Orissa
Decided on : Dec-22-2000
Reported in : 91(2001)CLT411; 2001(I)OLR260
B.P. Das, J.1. The petitioner in this application under section 482 of the Code of Criminal Procedure call in question the legality of the order dated 9-7-1996 passed by the Sub-Divisional Judicial Magistrate, Bolangir, in I. C. C. Case No. 16 of 1993 taking cognizance of the offence under sections 506/294 of the Indian Penal Code ('I. P. C.', in short) and issuing process against him.2. The brief facts leading to this application are as follows :Opposite party No. 1, Balgopal Mishra, on being declared elected as Member of Parliament of Bolangir Lok Sabha constituency took out a victory procession on 27-11-1989 in Bolangir town. At about 2.30 p. m. when the processionists were passing in front of the residence of the Superintendent of Police, they gave provocative slogans, pelted stones and abused the S. P. in. filthy languages. The police force which was accompanying the procession took reasonable steps to disperse the unruly crowd. One D. B. Sethi, S. I. of Police of Bolangir Town P....
Tag this Judgment!Court : Orissa
Decided on : Dec-22-2000
Reported in : 2001(I)OLR216
P.K. Patra, J.1. The appellants have challenged the judgment dated 5.12.1994 passed by Shri B.N.Jena, Assistant Sessions Judge, Cuttack in S.T.Nos. 319 of 1992 and 346 of 1992 convicting them Under Sections 148, 325/149 and 395/397 of the Indian Penal Code (for short 'IPC) and sentencing them to undergo rigorous imprisonment for three years, five years and ten years respectively with direction that the sentences would run concurrently.2. Prosecution case, briefly stated, runs as follows : The informant (P.W. 1.) the appellants and the other co-accused persons who have since been acquitted, are co-villagers being residents of village Karadapali under Baideswar Police Station in the district of Cuttack. Since there was rivalry between two groups of villagers, police had been deployed to-maintain law and order in the village and the Sub-Collector-cum- Subdi visional Magistrate, Banki had convened a meeting of the villagers on 27.12.1990 at 4 p.m. at Baideswar Police Station for the purpos...
Tag this Judgment!Court : Orissa
Decided on : Dec-22-2000
Reported in : 2001(I)OLR228
P.K. Patra, J.1. The appellants have challenged the judgment dated 7.4.1998 in S.T. No. 21/1 of 1997/96 passed, by Shri N. Nayak, Addl. Sessions Judge, Rairangpur convicting appellant No.l Under Section 323 of the Indian Penal Code (for short 'IPC') and sentencing him to undergo rigorous imprisonment for one year and convicting appellant No. 2 Under Section 304 part (ii), IPC and sentencing him to undergo rigorous imprisonment for five years2. Briefly stated, the prosecution case is as follows : On 15.8.1995 at about noon when deceased Kuber Chandra Das, aged about seventy- five years, took his cow from the cowshed and to tethered the same on the village lane in front of the house of the appellants at Baidaposi, Ward No. 2 of Rairangpur Town, within Rairangpur Town Police Station in the district of Mayurbhanj, both the appellants, who are brothers, protested the same and there was altercation between them. The informant (P.W. 1), son of the deceased, who was inside the house came out w...
Tag this Judgment!Court : Orissa
Decided on : Dec-22-2000
Reported in : 2001(I)OLR238
B.P. Das, J.1. As both the Criminal Revision and the Criminal Misc. Case arise out of the same case i.e. ICC Case No. 61 of 1995, they were heard together and are being disposed of by this common judgment.2. The Criminal Revision is directed against the order 29.8.1 997 passed by the learned J.M.F.C, Cuttack in ICC Case No. 61 of 1995 rejecting the application of the accused-petitioner praying for furnishing him copies of the documents, namely; (i) statements recorded Under Sections 200 and 202, Cr.P.C. of all persons examined by the Magistrate, (ii) the statement on confession with any statement recorded under Sees. 161 or 164, Cr.P.C, and (iii) any document produced before the Magistrate on which the prosecution proposes to rely.3. The Criminal Misc. Case has been filed with a prayer to quash the order dated 24.4.1996 passed in ICC Case No. 51 of 1995 taking cognizance of the offence Under Sections 448, 294, 352, 363, 342, 323. 324, 384/34, IPC against the petitioner and the entire p...
Tag this Judgment!Court : Orissa
Decided on : Dec-22-2000
Reported in : 2001(I)OLR334
P.K. Patra, J.1. The appellant has challenged the judgment dated 18.7.1995 passed by Shri B. K. Patnaik, Sessions Judge, Bolangir in Sessions Case No. 12 of 1995 convicting him Under Section 376 of the Indian Penal Code (for short 'I.P.C.) and sentencing him to undergo rigorous imprisonment for ten years and to pay a fine of Rs. 2,000, in default, to undergo rigorous imprisonment for a further period of one year and acquitting him of the charge Under Section 3(1)(xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short 'the Act').2. Briefly stated the prosecution case runs as follows :The prosecutrix (P.W.I) aged about fifteen to sixteen years and a resident of village Jamdalkha in the State of Madhya Pradesh and her boyfriend (P.W.3) aged about 25 years and a resident of a neighbouring village-Kudapali, PS. Sohela, district Bargarh who were acquainted with each other, left together for Harishankar in the morning of 26.8.94 when the father of the...
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