Court : Jharkhand
Decided on : Mar-28-2006
Reported in : [2006(2)JCR444(Jhr)]
..... they have suppressed the material aspects, namely, injury on a1. the answer given by the doctor that a1 could have suffered injury on account of an accidental explosion of bomb is not supported by any material placed on record. it is also not the case of the prosecution that the said information to the doctor was ..... given by the doctor, p.w.8, in court is not mentioned by any of the eye-witnesses either in their evidence or in their statement recorded under section 161 cr.p.c. learned counsel further submits that the prosecution suppressed not only the injury report, ext.a, but also suppressed ext.d, the fardbeyan, given ..... nature.7. after completion of the investigation, the final report was filed against the appellants accused as well as a10 who was acquitted. when they were questioned under section 313 cr.p.c, they denied all the incriminating circumstances.8. learned counsel appearing for the appellants submits that the prosecution witnesses suppressed the genesis and origin of .....
Tag this Judgment!Court : Jharkhand
Decided on : Apr-19-2006
Reported in : 2006CriLJ3938
..... mortem. 6. the investigation continued, during which witnesses were examined. sanction order, ext.7, was obtained for prosecution of the appellant and the other accused under section 3 and 5 of explosive substances act. after the completion of investigation, final report was filed against the appellant and others by the police officer, sarjug pathak, who was in-charge of mohanpur police ..... i.p.c, he was sentenced to one year r.i. on being found guilty under section 436 i.p.c, he was sentenced to ten years r.i. he was also found guilty under section 3 & 5 of explosive substance act, for which he was sentenced to r.i. for two years with a direction that the sentences of imprisonment will ..... .00 p.m. this aspect we are specifically mentioning, since a faint attempt was made by the counsel that since no specific overt act was attributed to the appellant, he cannot be found guilty under section 149 i.p.c. there is no need for us to mention that if a person is a member of an unlawful assembly and .....
Tag this Judgment!Court : Jharkhand
Decided on : Aug-17-2006
Reported in : 2007(2)BLJR2413
..... offence, is likely to cause death, or by means of fire or any heated substance, or by means of any poison or any corrosive substance, or by means of any explosive substance or by means of any substance which it is deleterious to the human body to inhale, to swallow, or to receive into the blood, or by means of any ..... the i.o and the doctor who had prepared the injury report after examining the injuries on the person of the informant and her husband. the appellants were questioned under section 313 cr.p.c. they also examined one defence witness who had examined the injuries on their persons and had prepared the injury report, exts. a & b. learned trial ..... the alarm raised by them, the neighbours gathered and the accused persons fled away from the place of occurrence. after investigation of the case, the police submitted final form under sections 428, 342, 341, 307, 323/34 i.p.c and for the said charges, the appellants were put on trial.3. in course of trial the prosecution altogether examined .....
Tag this Judgment!Court : Jharkhand
Decided on : Jun-26-2006
Reported in : 2006CriLJ4520
..... view to kill her. when she fell downfall the accused persons fled away. on alarm, several persons assembled and followed the accused persons. there was sound of bomb explosion. the villagers brought her to satbarwa police outpost on jeep. she further said that motive of occurrence was that the informant and her husband adopted p.w. 5, ..... gosai, ashoke choudhary, chandan choudhary and krishna kahar alias krishna ram have been convicted for the offences punishable under section 307/149 of the indian penal code for attempting murder of the informant (p.w.4) and also under section 302/149 of the indian penal code for committing murder of the husband of p.w. 4 and also ..... under sections 452 and 120b of the indian penal code. chandan choudhary has further been convicted under section 302 of the indian penal code. lal muni gosai has been convicted with the aid of section 120b of the indian penal code. they have been awarded imprisonment for .....
Tag this Judgment!Court : Jharkhand
Decided on : Aug-22-2006
Reported in : 2007(1)BLJR328; [2007(1)JCR278(Jhr)]
..... 9. it is no doubt true that the rule-making authority under article 309 of the constitution and section 39 of the act is the same, namely, the government (to be precise, governor, under article 309 and govt. under section 39), but the two jurisdictions are different. as has been seen above; power under article 309 cannot ..... made by the legislature and not under article 309, it has also to be noticed that rules made in exercise of the rule-making power given under an act constitute delegated or subordinate legislation, but the rules under article 309 cannot be treated to fall in that category and, therefore, on the principle of 'occupied ..... with the recruitment rules framed under article 309 of the constitution of india. however, both the rules are framed under different jurisdictions. regulations framed under ncte act acquires status of delegated legislation having been framed in exercise of power conferred by the legislature whereas other rules under article 309 are transitory in nature and .....
Tag this Judgment!Court : Jharkhand
Decided on : Mar-24-2006
Reported in : [2006(2)JCR453(Jhr)]
..... might be due to poisoning.6. after completion of the investigation by pw 13, final report was filed against the appellant.7. when the appellant was questioned under section 313, cr pc, he denied all the incriminating circumstances and no witness was examined on his side.8. learned counsel appearing for the appellant submits that the prosecution ..... having failed to establish the cause of death of the deceased, the trial court was not justified in finding the appellant guilty under section 302, ipc. we have heard mr. v.s. sahay, learned counsel appearing for the state and perused the materials placed before us.9. the case of the ..... that death might be due to poisoning and not on account of any injury.10. on the above background, we feel that the appellant cannot be convicted under section 302. ipc and accordingly, the impugned order of conviction and sentence imposed upon the appellant is set aside. it is reported that the appellant is on bail. .....
Tag this Judgment!Court : Jharkhand
Decided on : Apr-27-2006
Reported in : [2006(3)JCR279(Jhr)]
..... allegations set out in the complaint or the charge-sheet do not constitute any offence, it is competent to the high court exercising its inherent jurisdiction under section 482, criminal procedure code to quash the order passed by the magistrate taking cognizance of the offence. the question which, therefore, arises for consideration is whether the ..... said shop on the alleged date and time of occurrence. the police after institution of the case submitted charge-sheet mechanically for the offence under section 406/34 of the indian penal code as against the petitioners without there being any evidence or material of any entrustment of the property/mobile phone ..... mishra, judicial magistrate, ranchi including the order impugned dated 2.9.2004 whereby and whereunder chief judicial magistrate, ranchi has taken cognizance of the offence under section 406/34 of the indian penal code against them.2. the prosecution story, in brief, is that the informant ashiwini kumar malhotra had presented a written .....
Tag this Judgment!Court : Jharkhand
Decided on : May-12-2006
Reported in : AIR2006Jhar117; [2006(3)JCR457(Jhr)]
..... the conditions therein are satisfied. the appeal thereafter has to be dealt with in terms of order 41 rule 11 of the code of civil procedure.section 29 of the bihar reorganization act, 2000 under which the high court of jharkhand rules, 2001 are framed enables the high court of jharkhand either to adopt the rules of the high ..... judgment and decree passed by the additional district judge, simdega in judicial separation case no. 9/95 dismissing the case filed by the petitioner/appellant under section 10 of the hindu marriage act.3. when the appeal was listed before the bench for admission a question arose as to whether the appeal ought to be sent up for admission ..... i.e. appeal from appellate decree shall be entertained by the high court only after the high court is satisfied that the case involves substantial question of law. section 100 of the code further provides that in a second appeal the memorandum of appeal shall precisely state the substantial question of law involved in the appeal. it .....
Tag this Judgment!Court : Jharkhand
Decided on : Dec-18-2006
Reported in : 2007(1)BLJR658
..... allowed. the judgment of conviction and sentence, as passed by the trial court against the appellants, is hereby set aside. appellants are acquitted of the charges for the offence under sections 364, 302 and 201 of the indian penal code since all the appellants except sona rani mahli are on bail, they are absolved from the liability of their respective bail ..... sections 364 and 302 ipc and three years for the offence under section 201 ipc vide sessions trial no. 216 of 1991/t.r. no. 24 of 1991. it appears however that cr. appeal no. 183 of 1997 (r) has been ..... of 1997) and behra munda, lulari munda, thakur munda and hari nath munda @ hari nath singh munda were convicted by the 5th additional judicial commissioner, ranchi for the offences under sections 364, 302, 201 and 34 of the indian penal code and was sentenced to undergo imprisonment for life for the offence under .....
Tag this Judgment!Court : Jharkhand
Decided on : Jan-23-2006
Reported in : 2006CriLJ2498; [2006(1)JCR435(Jhr)]
..... be adopted by the criminal court that the concealment was made by the accused and such an interpretation is not inconsistent with the principle embodied in section 27 of the evidence act.17. at this stage, an useful reference- can also be made to the judgment of the supreme court in the case of joseph v. ..... illustrative guidelines indicated by us, will discharge the onerous function with evermore scrupulous care and humane concern, directed along the high road of legislative policy outlined in section 354(3), viz. that for persons convicted of murder, life imprisonment is the rule and death sentence an exception. a real and abiding concern for the ..... opinion, the injuries were simple in nature.8. after the completion of investigation final report was filed against the appellants.9. when the appellants were questioned under section 313, cr pc they denied all the incriminating circumstances. they did not examine any witness on their side.10. learned counsel for the appellants submits that since .....
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