Court : Patna
..... devi is concerned, i find that there is general and omnibus allegation against them and the evidence with respect to them is not very specific with details of the overt acts committed by them. in such view of the matters, i feel that these appellants are entitled to benefit of doubt. accordingly, by way of giving benefit of doubt, these three ..... dead body was disposed off without informing the parents of the deceased. therefore, their conviction under sections 304b, 498(a) and 201 ipc and section 4 of the dowry prohibition act is fit to be maintained and it is, accordingly, confirmed. the quantum of sentence as awarded by the trial court is also fit and proper hence, the same is also ..... , gopalganj whereby each of the five appellants has been convicted under section 304b, 498a and 201 of the indian penal code as well as section 4 of the dowry prohibition act and respectively sentenced to r.i. for 10 years, r.i. for 3 years, r.i. for 2 years and r.i. for 2 years.2. the fard-beyan (ext .....
Tag this Judgment!Court : Patna
..... of the complaint petition and in view of the legal propositions noticed above, i hold that the complainant resided permanently at giridih and as a consequence of the acts of the accused persons, the complainant had suffered mental agony at giridih and in view of the fact that wrong or offence was still continuing, the complaint ..... the learned chief judicial magistrate, giridih, took cognizance of the offence under sections 498a, 341, 323 of the indian penal code and section 4 of the dowry prohibition act against the petitioners in complaint case no. 123 of 1992.4. learned counsel appearing on behalf of the petitioners submitted that the learned chief judicial magistrate, giridih, had ..... order taking cognizance dated 24.7.1992 for the offence under sections 498a, 323, 341 of the indian penal code and under section 4 of the dowry prohibition act.3. short facts given rise to this application, are as under:opposite party no. 2 smt. tripti mitra, wife of petitioner no. 1 filed, a complaint .....
Tag this Judgment!Court : Patna
..... admittedly all other accused-persons were not. found guilty and they were acquitted as well as there is nothing specific, against the appellant for committing overt act and as such the appellant is also entitled to be acquitted for the said offence. it is further argued that the viscera was examined by the chemical ..... as claimed by the appellant during investigation, though there was a direction by the supervising authority to verify the same. there appears no specific, allegation of overt act attributed to the appellant and the allegation being similar against all the other accused-persons, have already been acquitted by the learned trial court.23. the learned ..... that deceased indicated by gesture against all the accused-persons for administering position (ext. 4). there is nothing specie in the fardbeyan against the appellant for overt act attributed to p.w. 10, the informant also deposed in para-10 that the deceased indicated by gesture that all the accused-persons, mother-in-law, father .....
Tag this Judgment!Court : Patna
..... throttling at her sasural. after having the aforesaid event duly surfaced by consistent version of prosecution, then in that event in terms of section 106 of the evidence act, apart from 113(b) casting an obligation upon the accused to explain the event, it was within their exclusive knowledge having the death of deceased while staying ..... scope of this provision stands enlarged by section 146 of the evidence act, which permits a witness to be questioned, inter-alia, in order to test his veracity. thereafter, the unchallenged part of his evidence is to be relied upon ..... this, it is not possible to impeach his credibility. such a law has been advanced in view of the statutory provisions enshrined in section 138 of the evidence act, 1872, which enable the opposite party to cross-examine a witness as regards information tendered in evidence by him during his initial examination in chief, and the .....
Tag this Judgment!Court : Patna
..... the victim lady to commit suicide. therefore, the prosecution has been able to prove that shanti kumari committed suicide as she was abetted to commit such act from the act and conduct of the appellants.19. in the facts and circumstances of the case, i find and hold that the trial court has rightly convicted the ..... deceased to commit suicide. she was also regularly tortured. therefore, she was physically and mentally abated to commit suicide. these acts of the appellants facilitated in the commission of suicide committed by shanti kumari.18. from the submissions made on behalf of the parties and after going through the ..... naihar. p.w. 3 returned back to the informant's house disappointed. only an hour thereafter, the deceased consumed insecticide tablets and died. therefore, the act of the appellants in not performing her bidai even on the occasion of marriage of her brother because their demands were not fulfilled was sufficient to instigate the .....
Tag this Judgment!Court : Patna
..... 304b/34 of the indian penal code and also under section 498a of the indian penal code and then under sections 3 and 4 of the dowry prohibition act (the act) and they have been sentenced to undergo rigorous imprisonment for 10 years under section 304b of the indian penal code; for three years rigorous imprisonment under ..... sentence passed against accused-appellant no. 1 (santosh mandal) under section 304b of the indian penal code and also under sections 3 and 4 of the dowry prohibition act is hereby maintained, upheld and confirmed while against the accused-appellant no. 5 sakhi mandalani, she is granted acquittal on benefit of doubt under section 304b of ..... of the indian penal code, further conviction under section 498a of the indian penal code is redundant. but his conviction under sections 3 and 4 of the dowry prohibition act is definitely proper and justified.22. as regards accused-appellant no. 5 (sakhi mandalani) is concerned, there is evidence of demand of dowry. the allegation of .....
Tag this Judgment!Court : Patna
..... proved all the three circumstances required for proving the offence of dowry death by the appellants. in such a situation, the prosecution under section 113b of the evidence act will operate which is rebuttable by the defence but no rebuttable evidence has come from the defence side. therefore, the conclusion is that the offence of dowry death ..... 'dowry death' and such husband or relative shall be deemed to have caused her death. the same presumption has been raised under section 113b of the indian evidence act. accordingly to this section 'when the question is whether a person has committed the dowry death of a woman and it is shown that soon before her death such ..... 1993.2. the learned trial judge found all the four appellants guilty for the offences under section 304b of the indian penal code and section 4 of the dowry prohibition act. the appellant, jhalia devi, was sentenced to r.i, for seven years and rest three appellants, ashok sah, deo narayan sah and pradeep sah, were sentenced to .....
Tag this Judgment!Court : Patna
..... court, thus, was justified in convicting the appellant for the offences under sections 304b, 498a, 201 of the indian penal code and section 4 of the dowry prohibition act.50. as regards the sentence, however, it appears that the learned trial court has sentenced the appellant to undergo rigorous imprisonment for seven years under section 498a of ..... soon before her death. as and when the aforesaid circumstances are established, the presumption of dowry death shall be drawn against the accused under section 113b of the evidence act.12. in this case from the evidence of p.w. 4 the informant, it appears that he has stated that his sister prabha kumari (deceased) was married ..... charge-sheet against the appellant and other accused persons under section 304b, 498a and 201 of the indian penal code and section 3/4 of the dowry prohibition act.5. the then additional sessions judge vi. gaya framed charges under sections 304b, 498a and 201 of the indian penal code against all the four accused persons .....
Tag this Judgment!Court : Patna
..... accused that the chaykrata court had no jurisdiction in the matter inasmuch as the offence under section 403, penal code must be deemed to have been committed at dehra dun. in the facts and circumstances of the case their lordships had held as under:-but the main question for our consideration is not whether if section 179 applies ..... is not applicable at all. learned counsel further submitted that even assuming that the petitioners committed those offences the same were completed at new delhi and no overt-act was done at patna and therefore, the entire proceeding is vitiated in law. mr. khan secondly, submitted that the complaint petition on the fact of it, ..... (rupees fifty thousands) only and one piece of land at delhi for which complainant was brutally assaulted by all the accused persons on her refusal to do act according to their whims and direction.that the complainant was subjected upto high degree of cruelty and tortured physically as well as mentally which is very much apparent .....
Tag this Judgment!Court : Patna
..... ac 220 : 102 lt 82. for the the same reason, we refrain from borrowing upon the definition of 'local authority' in enactments such as the cattle trespass act, 1871, etc. as the high court has done. 17. it is thus manifest that different meaning and content is intended for the same expression in different statutes, circulars or ..... the power connection or after the termination of power connection will be required only to inform the bihar state electricity board.amendment to this effect in the electricity act/rules will be done by the deptt. of energy, government of bihar.there cannot be any quarrel with the principle of law enunciated by the learned ..... face of it. with such an approach, every individual in this state shall ultimately suffer including the perpetrators of such a course. industrial subsidy is a voluntary act of the state government, meant to give a fillip to production and generate employment opportunities, but has on account of the harassing approach of the functionaries of the .....
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