Court : Rajasthan
Reported in : AIR1973Raj167; 1972()WLN422
ORDERB.P. Beri, J. 1. Briefly stated the facts which give rise to this revisional application are that Shiv Charan was cutting leaves of a Neem tree belonging to Shri Ham and the latter objected to it. Shiv Charan felt offended, went to his house and came with other accused Hargyan, Mullah and Panchya. Shiv Charan caught hold of Shri Ram's father Vishram in his arms and Hargyan struck a Farsa blow on him. The right knee of Vishram registered a cut wound measuring 1 3/4' x 1' x 1/2' and the bone below it was fractured and a piece of the hone had to he extracted from his knee. The accused denied their guilt but the learned Magistrate found only Hargyan and Shiv Charan guilty under Section 326 read with Section 34, I.P.C. He acquitted the other accused. He awarded to Hargyan one year rigorous imprisonment and a fine of Rs. 200/, but extended the benefit to Shiv Charan under the Probation of Offenders Act and ordered him to execute a bond in the sum of Rs. 1000/- for one year to keep peace...
Tag this Judgment!Court : Allahabad
Reported in : 1977CriLJ412
K.N. Seth, J.1. The following question has been referred to us for opinion:Can benefit of the U.P. First Offenders' Probation Act, 1053(?) or the benefit of Section 260, Cr.P.C. (New) be allowed to an accused who is found guilty of an offence under the Prevention of Food Adulteration Act (Act No. XXXVII of 1954), to which the proviso to Section 16 of the Act does not apply?2. It appears from the referring order that the accused Badan Singh was held guilty for an offence punishable under Section 7/16 of the Prevention of Food Adulteration Act as he was found keeping exposed for sale Haldi which was 100 per cent insect infected. The article was thus adulterated within the meaning of Clause (f) of Sub-section (1) of Section 2 of the Act. It was not disputed that the proviso to Section 16 of the Act was not attracted and as such he was liable to be punished with imprisonment for a term not less than six months and with fine not less than Rs. 1,000/-. H.N. Kapoor, J. apparently found it dif...
Tag this Judgment!Court : Mumbai Aurangabad
Oral Judgment: 1. This petition has been admitted by this Court by order dated 26.8.2002. 2. I had heard the learned Advocates on 9.7.2015. Their contentions were recorded as under:- 1. The petitioner is a 76 years old Former Assistant Teacher?. He was convicted by the judgment and order dated 30/12/1977 by the Additional Sessions Judge, Jalgaon for having committed offences u/s 147, 149, 307 and 323 of the IPC. His Criminal Appeal No.19/1978 was decided by this Court on 11/03/1981. The appeal was partly allowed and the conviction of the petitioner u/s 147 of the IPC was confirmed. Conviction u/s 149 with Section 307 of the IPC was set aside and he was convicted u/s 149 r/w 324 of the IPC. Similarly his conviction u/s 323 of the IPC was also confirmed along with Section 149 of the IPC r/w Section 323 of the IPC. 2. The petitioner submits that by the said judgment dated 11/03/1981, the petitioner was given the benefit of the provisions of the Probation of Offenders Act, 1958 (For short,...
Tag this Judgment!Court : Allahabad
Reported in : 1979CriLJ1223
P.N. Bakshi, J.1. Nairn Chand was convicted by the Special Judicial Magistrate, Allahabad for an offence under Sections 7(i), 16(1)(a)(i) of the Prevention of Food Adulteration Act, but has been released on probation under the provisions of the Probation of Offenders Act, 1958 and directed to execute a bond for a period of ten years to appear before the court if and when called upon to do so to take sentence of imprisonment on default. Aggrieved, thereby the Nagar Swasthya Adhikari, Nagar Mahapalika, Allahabad filed an application under Section 377/378 Cr. P.C. for leave to Appeal. Leave was granted by this Court on 16th Oct. 1978. In these circumstances, this appeal has come up before me for decision.2. None of the parties have argued this appeal on merits. It have been addressed only on the question of sentence and therefore, I shall confine myself to the point argued before me. The proved facts in the case are that the accused was selling mixed milk of cow and buffalo at about 1.30 ...
Tag this Judgment!Court : Kolkata
Reported in : 1984CriLJ823
ORDEREDThat the accused persons are all convicted under Sections 323 I. P. C. and 504 I. P. C. But they are duly admonished and released and discharged from bonds.2. Feeling aggrieved at the order the appellants have preferred the present appeal.3. The case was initiated on the complaint of the respondent No, 2, Saraj Kumar Dey of 52, Kailash Bose Street. The appellants Sunil Kumar Dey, Gopal Chandra Dey and Barun Kumar Dey are brothers of respondent No. 2 and they all reside in the same premises. The respondent No. 2, complained by filing a petition of complaint in the court of the learned Additional Chief Presidency Magistrate 16-8-1973, that on 15-8-73 at about 10.00 a. m. the accused persons (appellants herein) disconnected the electric line belonging to the petitioner (respondent No. 2) and when the petitioner asked his younger brother, Arun Kumar Dey (P. W. 2) to reconnect the same, the accused persons in a body assaulted the petitioner with fists, blows and lathies causing bleed...
Tag this Judgment!Court : Karnataka
1 R IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE29H DAY OF FEBRUARY2016BEFORE THE HON'BLE MR. JUSTICE A.V.CHANDRASHEKARA CRL.REVISION PETITION NO.1251/2010 BETWEEN: HANUMANTHANAYAK S/O LATE HANUMANTHANAYAKA AGED ABOUT45YEARS EDIGANA HOSUR VILLAGE, KASABA HOBLI TQ. HOLENARASIPURA DIST. HASSAN. (By Sri: MAHANTESH S HOSMATH, ADV.) AND STATE OF KARNATAKA BY RAILWAY POLICE FORCE REPRESENTED BY PUBLIC PROSECUTOR MYSORE. ... PETITIONER ... RESPONDENT (By Sri: S.RACHAIAH, HCGP) THIS CRL.RP FILED U/S.397 R/W401CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT2THIS HON'BLE COURT MAY BE PLEASED TO SET ASIDE THE JUDGMENT DT.20.8.10 PASSED BY THE P.O. FTC-III, AND ORDER HOLENARASIPURA DT.19.5.10 C.J.M., IN C.C.NO.3/07 AND ACQUIT BY HOLENARASIPURA ALLOWING THE CRL.R.P. IN CRL.A.56/10 PASSED ADDL. THE BY THIS CRL. RP COMING ON FOR HEARING THIS DAY, THE COURT MADE THE FOLLOWING: ORDER Heard the learned concept by the petitioner and the learned HCGP.2. The present petition is filed u...
Tag this Judgment!Court : Punjab and Haryana
Reported in : 2(1996)ACC519
Swatanter Kumar, J.1. The facts giving rise to the present revision petition are that one Ballu Ram, brother of Mahabir, was residing near National Service Station, Meham Gate, Bhiwani. Along with his brother they used to work as contractors in the M.I.T.C. Department. On 25.2.1989 at about 8.00 p.m. they were sitting in National Service Station. Later Ballu Ram and Umed, nephew of Ballu Ram, were strolling on the footpath on the right side. Truck No. HRY-3488 came from the Bus stand side, Bhiwani, with rash and negligent speed. That truck climbed on the footpath and caused the accident hitting Ballu Ram from behind. Umed Singh also sustained some injuries. The said truck was being driven by Mann Parkash son of Daya Nand, hereinafter referred to as the petitioner-accused. The said driver left the truck and fled away. The petitioner-accused was identified by Umed Singh, who lodged the complaint on the spot itself. Injured Ballu Ram was hospitalised in General Hospital, Bhiwani by Devi C...
Tag this Judgment!Court : Karnataka
This Crl.RP filed U/S.397 R/W 401 Cr.P.C by the Advocate for the Petitioner praying that this Hon ble Court may be pleased to set aside the Judgment dt: 20.8.10 passed by the P.O. FTC-III, Holenarasipura in Crl.A. 56/10 and order dt: 19.5.10 passed by the Addl. C.J.M., Holenarasipura in C.C.NO. 3/07 and acquit by allowing the Crl.R.P. 1. Heard the learned concept by the petitioner and learned HCGP. 2. The present petition is filed under section 397, Cr.P.C. challenging the judgment of conviction and sentence passed by the learned JMFC, Holenarsipur, in C.C. 3/07 and affirmation of the same by the 1st appellate court in Crl. Appeal No. 56/10. Petitioner was the accused in C.C. 3/07, a case registered by the Railway Police, Mysuru, against him for the offense punishable under Section 161 of the Railways Act, 1989. 3. The case of the prosecution is as follows: a) The accused was the driver of a tractor-trailer bearing No. KA-13-TA-222-223 belonging to CW-8, Kalegowda of Nagarthi village. ...
Tag this Judgment!Court : Kolkata
Reported in : 1984CriLJ29
B.C. Chakrabarti, J.1. This revisional application is directed against an appellate order passed by the learned Additional Sessions Judge. Murshidabad in Criminal Appeal No. 29 of 1981 confirming the order of conviction and sentence dated 5-5-1981 passed in Sessions Trial No. 2 of Feb. 1981 under Section 307/34 .I. P. C.2. Four persons including the present petitioners stood trial on a charge under Section 307/34, I. P. C. The petitioners were convicted while the other two were found not guilty of the charge. The prosecution case in brief was as follows:On 11-11-1979 at about 3-00 P- m. Dobiruddin Mondal along with his sons Nasiruddin and Amiruddin were coming towards their house with a cart load of jute sticks from the canal side. When they reached near the house of P. W. Anisur Rahaman the petitioners along with two others intercepted and petitioner No. 1 Sadeque challenged Amiruddin why he had abused petitioner No. 2. Amiruddin denied the charge and thereafter Amiruddin and Dobirudd...
Tag this Judgment!Court : Madhya Pradesh
U.C. Maheshwari, J.1. This appeal is preferred under Section 374 (2) of the Cr.P.C. on behalf of the appellant accused being aggrieved by the judgment dated 30.6.1995 passed by IIIrd Additional Sessions Judge, Satna in Session Trial No. 80/92 convicting and sentencing the appellant under Section 324 of IPC for RI three years with fine of Rs. 500. In default of depositing the fine further three months SI has been awarded.2. As per case of the prosecution on dated 13.4.1992 at about 5.30 in the evening on grazing land of the village lalahach Gohirabandh. The complainant Hariom Narayan was subjected to beating by the present appellant accompanied with the acquitted co-accused by means of different implements, which were in the hands of the accused, out of them, the appellant caused him the blow of Gadasa. Resultantly, the complainant sustained injuries. He was taken to hospital where his MLC report was prepared. In this regard FIR, Ex. P-3 was initially registered at city Kotwali, Satna, ...
Tag this Judgment!