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Apr 27 2009

Siri Kishan and ors. Vs. the State of Haryana

Court : Supreme Court of India

Decided on : Apr-27-2009

Subject : Criminal

Acts : Indian Penal Code (IPC), 1860 - Sections 148, 149, 299, 300, 302, 323, 324, 325 and 506; Code of Criminal Procedure (CrPC) , 1973 - Sections 313

Reported in : 2009(57)BLJR1546; JT2009(8)SC305; 2009(6)SCALE438; (2009)12SCC757; 2009(4)LC1937(SC)

taken by the accused, as is evident from their statement recorded under Section 313 of the Code of Criminal Procedure, 1973 (in short the `Code'), was of false implication. However, accused Prasadi Lal stated that a large crowd … Section 149 and 323 read with Section 149 of the Indian Penal Code, 1860 (in short the `IPC'). They were convicted in the following manner:Name … had formed an unlawful assembly armed with weapons which were likely to cause death and, therefore, conviction under Section 148 IPC and application of Section 149 IPC does not suffer from any infirmity.20. According to informant the appropriate

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Oct 07 1994

Bandela Ailaiah Vs. State of Andhra Pradesh Through Public Prosecutor

Court : Andhra Pradesh

Decided on : Oct-07-1994

Subject : Criminal

Acts : Indian Penal Code (IPC), 1860 - Sections 148, 149, 302 and 506; Code of Criminal Procedure (CrPC) , 1973 - Sections 2, 5, 6, 27, 209 and 313; Arms Act - Sections 27; Terriost and Disruptive Activities (Prevention) Act - Sections 3 and 6

Reported in : 1994(2)ALT519; 1994(2)AnWR551

149, 302 and 506 of Indian Penal Code, 1860, Sections 2, 5, 6, 27, 209 and 313 of Criminal Procedure Code, 1973, Section 27 of Arms Act and Sections 3 and 6 of Terrorist and Disruptive Activities (Prevention) Act … the real intention of the legislature to make the Act a self-contained Code in regard to juvenile justice. Section 63 of the Act categorically and … life regarding the offence under Section 302 r/w 149 IPC, two years rigorous imprisonment regarding the offence under section 148 of IPC and two years rigorous imprisonment regarding the offence under section 506 r/w 149 IPC. The sentences

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Mar 30 1987

Asharfi Lal and ors. Vs. State of Uttar Pradesh

Court : Supreme Court of India

Decided on : Mar-30-1987

Subject : Criminal

Acts : Indian Penal Code (IPC), 1860 - Sections 148, 149, 302 and 307; Code of Criminal Procedure (CrPC) , 1973 - Sections 145

Reported in : AIR1987SC1721; 1987CriLJ1885; JT1987(2)SC595; 1987(1)SCALE766; (1987)3SCC224; [1987]2SCR722; 1987(2)LC152(SC)

- punishment - Sections 148, 149, 302 and 307 of Indian Penal Code, 1860 and Section 145 of Criminal Procedure Code, 1973 - appellants challenged validity of sentence of death for committing offence under Sections 302 and 307 read … property. The last of the series of the litigation was a proceeding initiated under Section 145 of the CrPC, 1973 on a report made by Smt. Bulakan, P.W. 1. To wreak their vengeance, the appellants effected an entry

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Nov 06 2009

Md. Ankoos and ors. Vs. the Public Prosecutor, High Court of A.P.

Court : Supreme Court of India

Decided on : Nov-06-2009

Subject : Criminal

Acts : Evidence Act, 1872 - Sections 145; Indian Penal Code (IPC) - Sections 109, 120B, 148, 149, 302, 307 and 448; Code of Criminal Procedure (CrPC) , 1973 - Sections 145, 161, 161(3), 162, 172, 172(2), 172(3), 378 and 386

Reported in : AIR2010SC566; 2009(57)BLJR2852; JT2009(14)SC6; 2010(I)OLR(SC)556; 2009(13)SCALE584; (2010)1SCC94; 2009(10)LC4781(SC)

1. The appellate court may review the evidence in appeals against acquittal under Sections 378 and 386 of the Criminal Procedure Code, 1973. Its power of reviewing evidence is wide and the appellate court can reappreciate the entire evidence on … appeals against acquittal under Sections 378 and 386 of the Criminal Procedure Code, 1973. Its power of reviewing evidence is wide and the appellate court … Uppakantha, commit the offence of rioting by pouring kerosene and that you thereby committed an offence punishable Under Section 148 IPC and within the cognizance of this Court. CHARGE No. 2: That you on the above mentioned date,

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Sep 12 1988

State of West Bengal and anr. Vs. Laisal Haque and ors.

Court : Supreme Court of India

Decided on : Sep-12-1988

Subject : Criminal

Acts : Indian Penal Code (IPC), 1860 - Sections 143, 147, 148, 149, 300, 302, 323 and 324; Code of Criminal Procedure (CrPC) , 1973 - Sections 215, 218, 221, 374(2), 386 and 464

Reported in : AIR1989SC129; (1989)1CALLT1(SC); 1989CriLJ865; JT1988(4)SC32; 1988(2)SCALE1090; (1989)3SCC166; [1988]Supp2SCR870

Criminal - defective charge - Sections 149 and 302 of Indian Penal Code, 1860 and Section 464 of Criminal Procedure Code, 1973 - appeal against Order of High Court setting aside judgment of Sessions Court on ground that charges … defect in the framing of the charges. This was clearly a case to which Section 221 of the CrPC, 1973 which is an exception to Section 218 of the Code viz. that for every distinct offence there should … learned trial Judge has not discussed about the common object although he convicted the aforesaid accused persons under Section 148 1.P.C. and under Section 147 I.P.C. It also appears that while convicting the accused persons under Section 324

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Dec 21 1984

Harjinder Singh Vs. State of Punjab and ors.

Court : Supreme Court of India

Decided on : Dec-21-1984

Subject : Criminal

Acts : Constitution of India - Article 20 and 20(2); Code of Criminal Procedure (CrPC) , 1973 - Sections 173, 193, 221(1), 223, 300 and 482; Indian Penal Code (IPC), 1860 - Sections 120-B, 148, 149, 302, 307, 342 and 440

Reported in : AIR1985SC404; 1986CriLJ831; (1985)87PLR103; 1984(2)SCALE996; (1985)1SCC422

as evidence in the other.2. The short point involved in this appeal is whether under Section 223 of the Criminal Procedure Code, 1973 it is permissible for the Court to club and consolidate the case on a police challan and … under Sections 302, 307, 342 and 440, all read with Sections 149, 148 and 120B of the Indian Penal Code, 1860 and Sections 25 and … takes cognizance of the offence and not the offender. The Court of Sessions under Section 193 of the CrPC takes cognizance of the offence upon the committal of the case relating to that offence to it by

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Jun 13 1991

G.S.R. Krishnamurthi Vs. M. Govindaswamy, Income-tax Officer

Court : Chennai

Decided on : Jun-13-1991

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 72(3), 132, 132(4), 136, 139, 142, 143, 148, 269A, 269F, 269-I, 269P(1), 269S, 269AB, 271, 271(1), 271(4A), 273A, 275A, 276, 276A, 276B, 276C, 276C(1), 276D, 276E, 276AA, 276CC, 276DD, 277, 278, 278A, 278C, 279, 279(1) and 279(1A); Indian Penal Code (IPC), 1860 - 34, 37, 109, 120B, 193, 196 and 420; Code of Criminal Procedure (CrPC) , 1973 - Sections 195; General Clauses Act, 1897 - Sections 26; Finance Act, 1985

Reported in : (1992)104CTR(Mad)143; [1992]195ITR137(Mad)

within the embargo of section 195(1)(b)(i) of the Code of Criminal Procedure, 1973, in as much as the complaint had been launched by an authority … for all practical purposes, is to be construed as a 'court' within the meaning of section 195 of the Criminal Procedure Code. Once this position is reached, it goes without saying that the offences falling under section 193 and 196 … sub-section (1) of section 139 or in response to a notice under sub-section (2) of that section or section 148. 40. The old section 277 had been substituted by the Amending Act and, under the amended section, if … Act and IPC--Same transaction--Permissible--No prejudice caused to accused. Prosecution--COMPLIANCE WITH S. 195(1)(b)(i), CrPC--Form 37G filed stating false consideration--In anticipation and in relation to assessment proceedings--Complaint

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Apr 09 2009

Akhtar and ors. Vs. State of Uttaranchal

Court : Supreme Court of India

Decided on : Apr-09-2009

Subject : Criminal

Acts : Uttar Pradesh Reorganization Act, 2000 - Sections 35; Indian Penal Code (IPC) - Sections 147, 148, 149, 302, 307 and 324; Code of Criminal Procedure (CrPC) , 1973 - Sections 294, 294(3), 378(3) and 379

Reported in : 2009(57)BLJR1481; JT2009(5)SC408; 2009(5)SCALE447; (2009)13SCC722; 2009(4)LC1721(SC); 2009AIRSCW3831

before Allahabad High Court on 29.09.1989 in which leave was granted under Section 378(3) of the Code of Criminal Procedure, 1973 (in short 'the CrPC') on 21.05.1992. However, the said appeal came to be transferred for its disposal … Rais alias Gabru, Amir Bux and Yamin was given rigorous imprisonment for a period of one year under Section 148 IPC; imprisonment for life under Section 302 r/w 149 IPC; rigorous imprisonment for a period of five years

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Feb 03 1999

Kammari Brahmaiah and ors. Vs. Public Prosecutor, High Court of A.P.

Court : Supreme Court of India

Decided on : Feb-03-1999

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 225, 232, 233, 237, 238, 255(1), 271(1), 313, 464, 535 and 537; Indian Penal Code (IPC), 1860 - Sections 34, 114, 148, 149, 302 and 325

Reported in : AIR1999SC775; 1999(1)ALD(Cri)366; 1999(1)ALT(Cri)143; 1999CriLJ1134; JT1999(1)SC259; 1999(1)SCALE235; (1999)2SCC522; [1999]1SCR361

535 and 537 are combined as Section 464 in Criminal Procedure Code 1973) and observed that 'the Code is a code of procedure and, like … under Section 302 read with 149,5. For deciding this contention, we would first refer to Section 464 of the Criminal Procedure Code which reads as under :Effect of omission to frame, or absence of , or error in, charge - … contention, we would first refer to Section 464 of the Criminal Procedure Code which reads as under :Effect of omission to frame, or absence of … asembly, they caused injuries and so they were liable to be convicted for the of fence punishable under Section 148 of the IPC. The Court further held that it is true that there is no charge framed by

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Sep 18 2006

Suga Ram @ Chhuga Ram Vs. State of Rajasthan and ors.

Court : Supreme Court of India

Decided on : Sep-18-2006

Subject : Criminal

Acts : Indian Penal Code (IPC), 1860 - Sections 148, 149 and 302; Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 - Sections 3(2); Code of Criminal Procedure (CrPC) , 1973 - Sections 378(1), 378(2), 378(3), 378(5), 397 and 401; Constitution of India - Articles 136 and 141

Reported in : AIR2006SC3258; 2006CriLJ4643; JT2006(12)SC441; 2006(II)OLR(SC)782; 2006(9)SCALE365; (2006)8SCC641

the revision application filed by the appellant under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 (in short the Cr.P.C.) questioning legality and correctness of the order of acquittal passed by the trial … said respondents faced trial for alleged commission of offences punishable under Sections 148 and 302 read with Section 149 of the Indian Penal Code, 1860 … persons to be not guilty and directed their acquittal - Application filed by the respondent under Section 378(3) CrPC for grant of leave to appeal was rejected - Appellant had filed an application for revision of the

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