Court : Rajasthan
Decided on : Aug-23-1948
Reported in : 1949CriLJ1003
Nagarkar, J.C.1. This is an appeal by the accused Nyaz Mohammad son of Mohammad Murad who has been found guilty by the Sessions Judge, Ajmer-Merwara, by his order dated 6th May 1948, of the offence of murder under Section 302, Penal Code, and sentenced to undergo transportation for life. When the case was originally sent up to the Court of the Committing Magistrate, seven persons were charged with offences of murder, abetment of murder, rioting armed with deadly weapons,, and the offence of voluntarily causing grievous hurt. The Committing Magistrate on going through the evidence discharged five of the accused persons and com. mitted the case to the Sessions Court against the appellant Nyaz Mohammad and his father Mohammad Murad, charging the former with the offence of murder under Section 302, Penal Code, and the latter with the offence of abetment of murder under Section 302 read with Section 114, Penal Code.2. The prosecution alleged that on the morning of 23rd June 1947 witness Abd...
Tag this Judgment!Court : Rajasthan
Decided on : Sep-10-1948
Reported in : 1950CriLJ90
ORDERNagarkar, J.C.1. These nine habeas corpus applications Under Section 491, Criminal P.C. are by the nine detenus who have been detained in the Ajmer Central Jail under the provisions of the Punjab Public Safety Act, 1917, which was applied to this Province by Government of India Notification No- 8/6/48-Jndioial I dated 1st May 198. All the nine applications were heard together as the arguments advanced were based on a common ground, and so all the applications are now being dealt with by this order.2. It is common ground that detenus Ismail, Bhanwerlal and Hiralal were arrested on 28th June 1948 by the police acting under S 151, Cri-minal P.C., on certain information received by them about the alleged activities of these three persona. On the same day, i. e. 28th June 1948, it is also common ground that the detenus named Kesrimal, Misnlal, Daulat Rom, Kan-hayalal and Magni Bam were arrested by the police Under Section 161 Criminal P.C. The detenu Puran was arrested on 3rd July 1948...
Tag this Judgment!Court : Rajasthan
Decided on : Sep-21-1948
Reported in : 1950CriLJ209
Ram Labhaya, J.C.1. This is an appeal by the accused who has been found guilty by the Sessions Judge, Ajmer-Merwara, of the offence of murder Under Section 302, Penal Code, and sentenced to undergo transportation for life. The trial was held in the Sessions Court with the help of three assessors, who were of opinion that the accused is not guilty. The Sessions Judge, however, held the assessors' unanimous opinion to be wrong and perverse, and came to the conclusion that the accused had been proved to be guilty of murder.2. The facts of the case are set forth in paras, and 5 of the Session Judge's judgment. The murder of Ishwari Prasad, who was a clerk employed in the Oriental Life Assurance Company, Limited., at Ajmer, is alleged to have taken place in daylight on a public road in Balupura Eoad, Ajmer, at about 1-15 p. M. on 23rd May 1947. It is alleged that there was previous enmity between the family of the deceased and the family of the appellant, Kishen Gopal, who was an employee o...
Tag this Judgment!Court : Rajasthan
Decided on : Dec-04-1948
Reported in : 1949CriLJ400
ORDERRam Labhaya, J.C.1. Ram Swarup and Kailash Chandra, petitioners, have put in' separate revision petitions. be to would be disposed of by this order.2. The petitioners were convicted under Section 161 and sentenced to 6 months rigorous imprisonment each by the trial Magistrate. They preferred separate appeals in the Court of Session. The learned. Sessions Judge upheld the conviction as well as the sentences. Kailash Chander was a clerk in the Dewar Rationing Office Ram Swaroop was a Sub-Inspector. They as well as one Syed Hussain Head Constable were jointly tried under Sections 161 and 384, Penal Code. Syed Hussain wa3 also convicted and sentenced to six months' rigorous imprisonment. His appeal met a similar fate. He has not applied for revision.3. Hiralal and Ghisualal are said to have purchased one bale of cut-piece cloth (chindi). This they kept in a room belonging to one Manmal of Beawar. Shiv Raj (P. W. 9) noticed some people cutting cloth in pieces. He informed Goma Ram Cons...
Tag this Judgment!Court : Rajasthan
Decided on : Dec-04-1948
Reported in : 1949CriLJ583
Ram Labhaya, J.C.1. August 1947 was the month of disturbances in the Punjab and Delhi. These had their repercussions in Ajmer City which found ita peace disturbed on 27th August 1947. Muslima hooligans collected in groups. They were armed with sticks, spears and other weapons of attack. They were shouting slogans inciting Muslims to resort to violence. It was in these circumstances that Mangal Earn Head Gonstable of the police started from the Uari Gate and proceeded towards Diggi Square. It was about 6-80 or 7 p. m. then Sugan Singh accompanied him and accord-ing to his version given at the trial, 2 persons Deo Dutt and Jyoti Prasad met him on the way. They were very much frightened. He asked them to accompany him. Proceeding along, be came across two groups of Muslims and claimed that he dispersed them after conveying to them the information that there was no quarrel between the communities. According to him Deo Dutt was a few paces ahead of him and Jyoti Prasad and Sugan Singh were ...
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