Court : Jharkhand
Decided on : Nov-10-2006
Reported in : [2007(1)JCR379(Jhr)]
..... his legally married wife. the prosecution thus appears to have failed to bring cogent and reliable evidence on record to attract the ingredients of the offence punishable under section 376, ipc. the learned trial court appears to have ignored this aspect of the prosecution's evidence.9. for the reasons stated above, i find merit ..... marriage, though knowing fully well that she is not the legally married wife of the accused. learned counsel submits that the ingredients of offence as defined under section 375, ipc is not attracted at all, as because the prosecutrix was apparently a consenting party to the alleged sexual intercourse, which she had indulged several times ..... dated 10.12.1999 and corresponding sentence passed by the sessions judge, singhbhum west at chaibasa, whereby the appellant premlal bhagat was convicted for the offence under section 376 of the indian penal code and sentenced to undergo rigorous imprisonment for 10 years.2. brief facts of the case, which was registered on the .....
Tag this Judgment!Court : Jharkhand
Decided on : Nov-10-2006
Reported in : [2007(1)JCR369(Jhr)]
..... eliciting contradiction in the statements of the witnesses, does not however apply to the statements of persons which may constitute relevant evidence and usable under section 32(1) of the indian evidence act, particularly the statement of a person as to the cause of his or her death or any of the circumstance which resulted in his ..... the limited purpose of contradicting the witness in the manner provided under section 145 of the indian evidence act. such statements cannot be used in evidence, the prohibition contained in section 162, crpc in respect of the use of the statements recorded by the investigating officer under section 161, cr.p.c. except for the limited purposes of ..... death. furthermore, the prohibition under section 162, crpc applies only to the parties to the proceedings before the court and does not impair the powers of .....
Tag this Judgment!Court : Jharkhand
Decided on : Nov-10-2006
Reported in : [2007(1)JCR12(Jhr)]
..... that there was some penetration or though, sexual intercourse could not be completed and there was no emission of any semen, as per definition of rape under section 375, ipc, penetration itself is sufficient to constitute sexual intercourse, necessary to the ingredients of offence of rape.12. from the impugned order of the judgment ..... to the forensic examination of the undergarments and after concluding his investigation, he has submitted charge sheet, recommending trial of the accused for the offence under section 376, ipc.pw 4 who is a senior scientific officer of regional forensic science laboratory, ranchi has introduced the forensic test report in respect of the ..... the judgment of conviction dated 9.12.1999 and corresponding sentence passed by the viith additional judicial commissioner, ranchi, whereby appellant was convicted for the offence under section 376, ipc and sentenced to undergo r.i. for a period of 10 years.2. stated briefly, the case of the prosecution, as per the fir .....
Tag this Judgment!Court : Jharkhand
Decided on : Nov-13-2006
Reported in : [2007(4)JCR610(Jhr)]
..... those two appellants upon deceased budhu mahto with bhakuwa and sword repeatedly. this point has been further explained to the appellants during their statements being recorded under section 313 of the code of criminal procedure. therefore, we are of the view that no material prejudice cane be said to have occurred in defending themselves ..... witnesses received various injuries on their persons. in the facts and circumstances mentioned above, we are of definite view that the conviction of the appellants under section 302/149 of the indian penal code is well proved and does not require any interference.12. learned counsel for the appellants beni mahto and kartik mahto ..... in criminal appeal no. 362 of 2000 (r), it is submitted that they were not attributed any specific assault on the deceased. therefore, their conviction under section 302/149 of the indian penal code cannot be sustained. similarly appellants in criminal appeal no. 384 of 2000(r) submitted that their participation in causing death .....
Tag this Judgment!Court : Jharkhand
Decided on : Nov-13-2006
Reported in : [2007(1)JCR54(Jhr)]
..... be raptured, provided it is clearly proved that there was penetration even though partial.on the basis of such observation the appellant was convicted under section 376, ipc and was awarded substantial sentence of 10 years rigorous imprisonment.11. in disagreement with the learned sessions judge 1 find that the prosecution ..... appellant attempted to commit rape on mira kumari but upon direction made by the senior police officer (supervising authority) he submitted the charge-sheet under section 376, ipc against the appellant after investigation.7. i have gone through the judgment delivered by the learned 2nd additional judicial commissioner, khunti and find ..... before any doctor for his medical examination and therefore, there is no corroborative evidence on the record to implicate the appellant for the alleged offence under section 376, ipc. concluding his argument mr. deo submitted that an important witness akchhay mahto from whose shop the prosecutrix was returning after purchasing biscuit .....
Tag this Judgment!Court : Jharkhand
Decided on : Nov-14-2006
Reported in : [2007(1)JCR70(Jhr)]
..... 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 ..... was submitted against accused persons including the appellant, shankar gour and two accused persons trevedi gour and bisheswar gour. charge against all the accused persons were framed only under section 307/34 of the indian penal code to which accused persons pleaded not guilty.4. upon full trial the accused sanjay gour and bisheswar gaur were acquitted from the ..... used to gush in the residential houses as well as in the shops of the bastee and it happened so soon before the occurrence. his father had protested the acts of the accused persons as the secretary of the development committee. in cross- examination the witness narrated that when he arrived at the place of occurrence the brick .....
Tag this Judgment!Court : Jharkhand
Decided on : Nov-17-2006
Reported in : [2007(1)JCR557(Jhr)]
..... the sale of finished products. in the present case, petitioner has made consignment sale, which does not come within the definition of sale as defined under section 2(t) of the act. it is stated that commissioner of commercial tax has also rejected the claim of the petitioner with respect to issuance of form 'cha' in revision application no ..... .6. the undisputed facts are that the petitioner was granted exemption by a notification no. s.o.96 dated 4.4.1994 issued under section 7(3)(b) of the bihar finance act exempting vanaspati and refinded oil industry coming into commercial production between 1.4.1993 and 31.3.1998 for the period of ten years. the ..... . the only question, therefore, that falls for consideration is whether a consignment sale is a sale within the meaning of the act and the notification issued by the respondents. section 2(t) of the bihar finance act defines the term 'sale' which reads as under:(t) 'sale' means any transfer of property in goods for cash or deferred payment .....
Tag this Judgment!Court : Jharkhand
Decided on : Nov-22-2006
Reported in : [2007(3)JCR108(Jhr)]
..... appellants were further charged for the offence under sections 3, 4 and 5 of the explosive substance act but they were acquitted from the said charges.3. the case of the ..... and sheo nandan sai @ sibu sai, appellants in cr. appeal no. 407/2000, were convicted under sections 302/34 ipc and also under section 27 of the arms act and they were sentenced to undergo r.i. for life for the offence under sections 302/34 ipc and were further sentenced to undergo r.i. for three years for the offence under ..... section 27 of the arms act. however, both the sentences were directed to run concurrently. though the .....
Tag this Judgment!Court : Jharkhand
Decided on : Nov-23-2006
Reported in : [2007(1)JCR588(Jhr)]
..... material witnesses by the prosecution and both of them claim to have seen the occurrence from the beginning and also to have given statements to the police under section 161 cr. p.c., although, there appears no such statements given by them to the investigating officer. learned counsel argues that the above inconsistencies and contradictions ..... is itself indicative of the intention of the assailant to inflict such bodily injury, knowing that it may cause death of the informant and, therefore, offence under section 307 ipc is squarely applicable to the appellant.6. on perusal of the lower court records, it appears that out of 10 witnesses examined by the prosecution, ..... that he had sustained injury at the hands of the appellant.7. the question which remains to be addressed is whether the evidence on record constitutes offence under section 307 ipc? as rightly pointed out by the learned counsel for the appellant, there is no evidence that the appellant had repeated assault with knife on the .....
Tag this Judgment!Court : Jharkhand
Decided on : Nov-23-2006
Reported in : [2007(1)JCR553(Jhr)]
..... from bare reading of the aforesaid definition of the term 'decree', it manifestly clear that it includes rejection of a plaint and determination of any question within section 144 cpc. order vii, rule 11 of code lays down the circumstances when a plaint is liable to be rejected. order vii, rule 11, cpc, reads as under ..... controversy in the suit and may be either preliminary or final. it shall be deemed to include the rejection of a plaint and the determination of any question within [***] section 144, but shall not include-(a) any adjudication from which an appeal lies as an appeal from an order, or(b) any order of dismissal for default.6. ..... the said objection could not be raised. the objection of mr. shivnath prima facie appears to be correct.in the circumstances, place this matter before the hon'ble the acting chief justice for referring it to an appropriate division bench for deciding the question of maintainability of this appeal.5. primafacie, we are of the view that an order .....
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