Court : Allahabad
Decided on : Oct-04-2002
Reported in : 2003CriLJ1310
R.C. Deepak, J.1. This is a criminal appeal against the judgment and order of the then VIth Additional District and Sessions Judge, Allahabad dated 24-1-1981 in S.T. No. 74 of 1980 convicting and sentencing the accused appellants under Section 302/34, I.P.C. to life imprisonment.2. The prosecution case briefly stated is that on 8-11-1979 at about 7.30 p.m. the informant Ram Badan's brother Ram Chandar deceased was sitting on a Takhat in front of the door of his house. At that time the accused appellant Sukru happened to come to him and started talking to him. In the course of their talks, they scuffled with each other. In the mean time, Munni Lal Premi Son of Kanhai Lal, Prabhu Nath Son of Vishram, Ram Narain alias Narain, brother-in-law of Munni Lal Premi, Paras Nath Son of Titir, Jamuna Son of Kakhnu, Ganga Ram Son of Khakhnu, Babu Lal Son of Ram Autar and Sant Lal Son of Ram Autar with the common object of killing Ram Chander pounced upon him while inciting, exciting and provoking o...
Tag this Judgment!Court : Allahabad
Decided on : Oct-04-2002
Reported in : 2003CriLJ1102
M.C. Jain, J.1. Four appellants in this appeal are (1) Pahalwan Singh (2) Shiv Pal Singh (3) Cyan Singh and (4) Mahendra Singh alias Middi Singh. who have preferred this appeal against the judgment and order dated 31-1-1981 passed by Sri L.S.P. Singh, I Additional Judge, Kanpur in Sessions Trial No. 264 of 1979. All of them have been convicted under Section 302, I.P.C. read with Section 34, I.P.C. and sentenced to life imprisonment.2. A brief resume of the facts is necessary. The appellants Shiv Pal Singh and Gyan Singh are real brothers and they are first cousins of the appellant Pahalwan Singh. The fourth appellant Mahendra Singh alias Middi Singh was an eyewitness in the case of the murder of Ram Prasad, father of the appellant Pahalwan Singh. The deceased of the present incident was Jai Ram whose son PW 2 Ram Autar -- informant is. For the murder of Ram Prasad (father of the appellant Pahalawan Singh); the deceased Jai Ram, his son informant -- PW 2 Ram Autar, nephew Shambhu and tw...
Tag this Judgment!Court : Allahabad
Decided on : Oct-29-2002
Reported in : 2003CriLJ1090
M.C. Jain, J.1. The appeal has been filed by Salamatullah and his son Subedar against judgment dated 5-2-1981 passed by Sri B.K. Sharma, the then IV Additional Sessions Judge, Sharanpur in S.T. No. 107 of 1980. Subedar has been convicted under Section 324, I.P.C. and sentenced to 2 1/2 years rigorous imprisonment. Salamatullah has been convicted under Section 324 read with Section 109, I.P.C. and sentence to same period of rigorous imprisonment.2. The facts may be narrated in nutshell. The occurrence took place on 27-7-1978 at about 2 p.m. in Village Idaratpur Chack Bakenia Police Station Nigohi, District Sharanpur where the parties reside. Jwar and chilli crops were there in the fields of the complaiant Devi Giri PW 2 and the cattle of the appellants entered into his fields, grazed and devastated the crop. The complainant remostrated to the appellants who were standing in the lane. They got annoyed and two sides traded abuses. The appellant Salamatullah asked his son Subedar to bring ...
Tag this Judgment!Court : Allahabad
Decided on : Nov-15-2002
Reported in : 2003CriLJ1318
M.C. Jain, J.1. The appellants are Sheo Nath, his son Sarvadeo and one Suresh who have been convicted under Section 324, I.P.C. read with Section 34, I.P.C. and each sentenced to undergo R.I. for two years by judgment dated 11th June, 1981 passed by Sri Hem Raj Ram, the then II Additional Sessions Judge, Ballia in S.T. No. 45 of 1981. The trial was held under Section 307, I.P.C. read with Section 34, I.P.C.2. The basis of the prosecution was the F.I.R. lodged by Rajendra Singh son of injured Gauri Shanker Singh P.W. 1 at the concerned police station on 25-11-1979 at 2.30 a.m. The incident took place in between the night of 24/25-11-1979 24/25-11-1979 close to midnight at the tube well of the complainant situated in Village-Katahura, Police Station, Rashra, District Ballia.3. The relevant facts are that in the evening of 24-11-1979 Sheo Nath and Suresh accused approached Gauri Shanker Singh for providing water for irrigation from his tube well. Gauri Shanker Singh expressed his inabilit...
Tag this Judgment!Court : Allahabad
Decided on : Nov-28-2002
Reported in : 2003(1)AWC455
..... are not necessarily women of bad character but have been driven to the profession due to acute poverty in their family. it was reported in the press that 1,200 nepali girls are sold every year by their parents and brought to brothels in calcutta and elsewhere because the parents cannot feed those girls. similar is the plight in various parts .....
Tag this Judgment!Court : Allahabad
Decided on : Nov-29-2002
Reported in : 2003CriLJ2287
M.C. Jain, J.1. As many as 24 persons were tried in Sessions Trial No. 627 of 1983. State v. Harish Chandra and 23 others in the Court of 2nd Additional Sessions Judge, Bulandshahr. All of them came to be convicted and sentenced variously (as would appear from the discussion that follows) by judgment and order dated 18th July, 1984 passed by Sri Phool Singh, the then Presiding Officer, of the said Court.2. 23 of them (Harish Chandra and 22 others) filed Criminal Appeal No. 1959 of 1984, whereas the 24th accused Shyamu son of Harish Chandra filed connected appeal No. 2036 of 1984.3. There was another accused Ram Pal named in the F.I.R. but the chargesheet was not submitted against him.4. Appellant Narena of Criminal Appeal No. 1959 of 1984 died during the pendency of the appeal. As such, the appeal abates so far as he is concerned. Therefore, presently, there are 22 appellants in criminal appeal No. 1959 of 1984 and appellant Shyamu in connected criminal appeal No. 2036 of 1984. The app...
Tag this Judgment!Court : Allahabad
Decided on : Dec-19-2002
Reported in : 2003CriLJ3160
Y.R. Tripathi, J.1. This criminal appeal is directed against the conviction and sentence recorded by Sri Usha Kant Verma, the then IIIrd Addl. Sessions Judge, Kanpur in S.T. No. 8 of 1980 State v. Ram Narain Singh, whereby he having convicted the appellant-Ram Narain Singh S/o Ayodha Singh r/o village Fattepur Gohi P.S. Bidhuna District Kanpur of the charge under Section 302. I.P.C. has sentenced him to undergo imprisonment for life.2. The appellant and the deceased are residents of village Fattepur Gohi, which lies within police station Bidhuna District Kanpur at a distance of 8 miles to the northwest of the Police Station, To the south of the house of the deceased there is 2-2 1/2 paces wide path way running from east to west. To the south-west of the house 'of the deceased after the said path way existed the house of one Toothi Chamar. The house of Toothi Chamar opened in his sahan to the west. There existed two cattle troughs adjacent to the south of the path way lying to the south...
Tag this Judgment!Court : Allahabad
Decided on : Sep-05-2002
Reported in : 2002(4)AWC3221
M. Katju, J.1. This writ petition has been filed for a writ of certiorari calling for the entire record in respect of allotment of retail outlet situated at Waheed Nagar, district Sant Ravidas Nagar and for quashing the entire selection process.2. The petitioner has also prayed for a mandamus directing the respondent not to interfere in the running of the retail outlet situated at Waheed Nagar, district Sant Ravidas Nagar by the petitioner. The petitioner further prayed that the respondents be directed not to issue any letter of intent in favour of respondent No. 4 or any of the other empanelled candidates.3. It is alleged by the petitioner that the Government, of India had taken a policy decision by which it allowed parallel marketing In petroleum and its products and the market was opened up for private entrepreneurs, and thus the monopoly which was being exercised by the four oil companies, namely. Indian Oil Corporation, Bharat Petroleum, I.B.P. and Hindustan Petroleum, was ended. ...
Tag this Judgment!Court : Allahabad
Decided on : Sep-26-2002
Reported in : 2003CriLJ1095
M.C. Jain, J.1. The appeal has been preferred by three accused-appellants, namely, Shankar Singh, Shatrughan Singh and Lala Ram against the judgment and order dated 20-1-81 passed by Sri K. Section Rakhra, the then V Addl. Sessions Judge, Jalaun at Orai in Sessions Trial No. 115 of 1980, convicting them under Section 302, I.P.C. and sentencing each of them to undergo life imprisonment and to pay a fine of Rs. 1000/-. The appeal has abated so far as the appellant Lala Ram is concerned, as he has died.2. Salient features of the case, as emerging from the F.I.R. and the evidence adduced in the Court, may be detailed briefly. The incident occurred on 14-6-79 at about 7 p.m. in village Ukasa, P.S. Ata, District Jalaun. The report of the incident was lodged the following day i.e. 15-6-79 at 10.30 a.m. by P.W. 2 Smt. Chirauja alias Bari Bahu-mother of the deceased. The distance of the police station was about 3 miles. On the fateful day and time, the informant was sitting at her door when Jog...
Tag this Judgment!Court : Allahabad
Decided on : Sep-27-2002
Reported in : 2003CriLJ1077
Y.R. Tripathi, J.1. This Government appeal is directed against the judgment and order dated 13-9-1985 passed by Sri Tirtha Raj, Ilnd Addl. Sessions Judge, Banda in S.T. Nos. 10 and 511 of 1984 whereby the learned trial Court haying given the benefit of doubt to the respondents-accused has acquitted them of the charges under Sections 148, 302, I.P.G. read with Section 149, I.P.C. and 307, I.P.C. read with Section 149, I.P.C.2. The place of occurrence is village Piprahiya, which lies five kms to the south of the Police Station, Pailani.3. The prosecution case, in short, is that on 19-8-1982 around 8.00 a.m. deceased-Raj Bahadur Singh accompanied by his mother P.W. 2 Smt. Surswatia was going to the well lying at about 55 paces to the south west of his house to take bath. He was two paces ahead of his mother. When he had settled hardly a distance of 15 paces from his house it is said that the respondent along with one Angad (since absconding) reached there and on the extortion of responden...
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