Court : Supreme Court of India
Reported in : AIR1983SC930; (1983)3SCC357; [1983]3SCR321a
E.S. Venkataramiah, J.1. This appeal by special leave arises out of a complaint instituted under Section 155 of the U.P. Municipalities Act, 1916 (Act. No. II of 1916) (hereinafter referred to as 'the Act') by the Municipal Board of Pilibhit in the court of the Sub Divisional Magistrate, Puranpur, District Pilibhit against the Managing Director, the General Manager and the Cane Manager of L. H. Sugar Factory Pilibhit and one Bishan Swaroop, an employee of the said Sugar Factory, the appellants herein, alleging that they had brought by railway on November 30, 1967 into their godown at the railway siding situated within their Sugar Factory which was within the limits of the Pilibhit Municipal Board for purposes of consumption or use three wagon loads of sugarcane weighing in all 804 maunds for which octroi of Rs. 8.48 P. was payable under the bye-laws of the Municipal Board published under notification dated May 18, 1960 without paying the said octroi. The said complaint was filed on Sep...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1983SC911; 1983(31)BLJR450; 1983(1)SCALE644; (1983)4SCC10; [1983]3SCR312
E.S. Venkataramiah, J.1. This appeal by special leave is filed against the judgment dated September 17, 1974 passed in Criminal Appeal No. 579 of 1969 on the file of the High Court of Patna confirming the conviction of the appellant of the offence punishable under Section 376 of the Indian Penal Code and the sentence of rigorous imprisonment for five years imposed on him on December 20,1969 in Sessions Trial No. 107 of 1968 on the file of the Assistant Sessions Judge at Purnea in the State of Bihar.2. The appellant was committed to face the trial for an offence punishable under Section 376 of the Indian Penal Code by the order of the Munsiff-Magistrate, 1st Class, Purnea on the basis of a complaint filed by the complainant Barki Devi (P.W. 3) before the Sub-Divisional Officer, Sadar, Purnea on August 9,1968 who took cognizance of the Offence and transferred the case to the file of the aforesaid Magistrate.3. The allegations made in the complaint are briefly these: That on August 1, 196...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1983SC867; 1983CriLJ1356; 1983(1)SCALE655; (1983)3SCC502; [1983]3SCR294
E.S. Venkataramiah, J.1. It was about 5.30 P.M. on October 15, 1971. Bankey Lal son of Jang Bahadur Singh and his wife Chandra Kali were returning home from their 'Khalihan' (threshing floor) which was situated towards the north of their village Kishunpur Chirai. As they came near the village they were met by Pussu alias Ram Kishore and his brother-in-law Sheo Rakhan. Pussu was armed with a licensed gun of his father Jia Lal and Sheo Rakhan with a country made pistol. They both fired at Bankey Lal causing him injuries. Chhatrapal and Gaya Prasad who were going that very way towards the village saw the occurrence, and asked Pussu and Sheo Rakhan to desist from firing and also tried to stop them from continuing to fire. Pussu fired with the gun towards Chhatrapal who in spite of being fired at tried along with some others who were there to catch hold of Pussu and to snatch the gun from his hands. As Pussu could not reload the gun he assaulted those who tried to catch him with the butt of...
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