Court : Patna
..... miscreants. the informant and barun kushwaha (pw 3) sustained bomb splinter injuries on their hand and neck respectively. due to sustaining the wound and sound of powerful bomb explosion, the informant lost his senses and fell down when he regained his senses, he found that akla kamar was also seriously wounded. the informant out of fear, left ..... concealed by the appellant had been recovered from the house of pw 17 held the appellant guilty of the charge under section 302 read with section 34 of the indian penal code, and section 307 read with section 34 and sections 394 and 411 of the indian penal code and convicted and sentenced him thereunder as stated above.learned counsel for the ..... of pw 13 that the appellant was present on the spot at the time of the occurrence. it is true that pw 13 has not attributed any overt act to the appellant, but the fact remains that he has identified the appellant amongst the miscreants who had committed the crime. there is no material on the record .....
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..... injury report of jogendra singh prepared by him to parsa hospital, ext. 12 he also obtained sanction for prosecution of the accused-persons for offence under sections 3 & 5 of explosive substances act. after completion of investigation submitted charge-sheet against the accused-persons. on receipt of charge-sheet, case was committed to the court of session for trial ..... the dead body for post-mortem examination. p.w. 6 is also formal witness who proved sanction order for prosecution of the accused for the offence under section 3 & 5 of explosive substances act. p.w. 7 has proved his signature on certain documents. p.w. 13 identified the dead body. p.w. 8 is police officer who ..... at 10.30 p.m. and supervised the case. he obtained post-mortem report and also sanction order for prosecution of the accused under sections 3 and 5 of the explosive substances act. he stated that he found injuries on the person of the informant and sent him for examination to the hospital. nothing could be elicited .....
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..... (p.w. 5) is also witness on the point of sanction of prosecution granted by the district magistrate for prosecution under section 3 of explosive substances act, upendra singh (p.w. 10) is a formal witness who has proved the requisition (ext. 7) sent by the police to district magistrate, aurangabad with a ..... had held t.i. parade of suspects. ajay kumar mishra (p.w. 4) has proved sanction of prosecution granted by the district magistrate, aurangabad, for prosecution under section 3 of explosive substances act. ram niwas chaubey (p.w. 8) is the i.o. of the case. ragho narayan singh (p.w. 4) is a hearsay witness. kamta prasad singh ..... prayer for grant of sanction for prosecution under sections 3 and 5 of the explosive substances act. it appears that the trial court examined pradip kumar verma (p.w. 1), dr. k.k. singh (p.w. 2) and the informant kuldip .....
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..... and tried by the court below for the offence under section 307 of the ipc. and section 3 of the explosive substances act but the court below acquitted the accused-appellant under section 3 of the explosive substances act on the ground that there was no sanction order for the prosecution under this act against the accused.2. the brief facts of the ..... ) on dissection fracture of lower third of humorous found.in the opinion of the doctor, the injuries found on the person of julekha khatoon were caused by explosive substance and grievous in nature. her injuries were x-rayed and the x-ray report shows that there was fracture of lower third humorous and foreign body.5 ..... the scruitiny of the evidence on record and after considering the evidence discussed above, it is clear that the prosecution has been able to substantiate the charge under section 307 of the i.p.c. against the accused beyond all reasonable doubt. their evidence as stated above find corroboration from the evidence of the doctor and .....
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..... notification by which all the district magistrates of this state have been entrusted by the president the functions of central government under section 7 of the explosive substances act was not brought to the notice of the division bench. the finding of the division bench of this court in the case of shobrati ..... the case of shobrati mian v. state of bihar (1998) 1 east cri c 328 quashed the conviction of one of the appellants under section 3 of the explosive substances act on the ground that the district magistrate, who had given consent for prosecution was not competent to grant sanction. it appears that the aforesaid ..... in the said states the functions of the central government under section 7 of the explosive substances act, 1908. in this case the consent for prosecution of appellants for offences under sections 3 and 4 of the explosive substances act, 1908 as required by section 7 of the act has been given by district magistrate, bhagalpur which has been proved .....
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..... applicable to the particular facts proved, or assumed to be proved, since the generality of the expressions which may be found there is not intended to be explosion of the whole law. but governed and qualified by the particular facts of the case in which such expressions are to be found. it would, therefore, ..... case of injury, the person injured would ordinarily prefer to file a petition for compensation. one would always prefer to receive entire compensation receivable under section 166 of the said act and one would not be content with receiving only interim compensation under no fault liability. in the present case also, the opponent injured person did ..... .'9. the bihar motor vehicles rule's, 1992 also lays down separate procedure in the matter of disposal of claim application filed under section 166 of the motor vehicles act and section 140 of the said act. rule 226 of the said rules reads as under :-- '226. procedure regarding compensation arising out of accident.-- (1) an application .....
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..... that after the supreme court has dismissed the special leave petition, no counsel should have advised to pursue the litigation. it is cases like these which contribute to the docket explosion and arrears of the court. the court feels that the matter should be presented with an element of responsibility. as long as the matter was being argued by the petitioner ..... . this in itself should be enough arid the time has come that the patna high court also must immediately go into the exercise to accept the mandate of the advocates act, 1961 to frame rules so that the legal profession evolves the code within themselves to present cases with responsibility.12. m.j.c. no. 3907 of 2000 is accordingly dismissed .....
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..... on meticulous appreciation of evidences placed on the record, while negativing contentions raised at bar, recorded finding of guilt under section 302 of the indian penal code and also under sections 3 and 4 of the explosive substance act against the appellant and sentenced him to undergo rigorous imprisonment for life on the first count and for the second count ..... collectorate, who brought on the record, the sanction accorded by the district magistrate, gaya for prosecution of the appellant under sections 3 and 4 of the explosive substance act. sri shyam nandan prasad p.w. 10 brought on the record a letter (ext. 10) said to be in the handwriting of suman kumar singh, head ..... well found in the evidence of those witnesses whose credibility is sought to be impeached. the narrations made by p.w. 1 about sound emanating from the explosion of bomb cannot be read in isolation as she would state before the court that shortly after she stood up after offering namaz, she heard altercation between the .....
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..... proceeding against him was dropped and it is how that the appellant alone was put on trial, who suffered conviction under section 307 of the indian penal code and also under section 3 of the explosive substance act and was sentenced to suffer rigorous imprisonment for ten years each under both counts with a direction that both the sentences ..... evidences placed on the record while negative the version of the appellant, rendered verdict of guilt finding the appellant guilty under section 307 of the indian penal code and also under section 3 of the explosive substance act and sentenced him in the manner stated above.4. the finding recorded by the trial court was sought to be ..... in custody for one and half months. the trail court, as has been discussed, has found the appellant guilty under section 307 of the indian penal code and also under section 3 of the explosive substance act in view of the injury sustained by the victim. however, this fact cannot be lost sight of that the prosecution was .....
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..... 27-9-2001 for an offence under sections 399,402 and 307 of the indian penal code read with sections 25(1-a), (1-b), 26(2), 27 and 35 of the arms act and sections 3/4 of the explosive substances act and till 25-12-2001 charge-sheet ..... was not submitted in the court of the chief judicial magistrate, kathiar and after expiry of a period of 90 days, the petitioner was entitled to be rejeased on bail under the proviso (a) to section ..... submitted that the petitioner in this respect filed an application for grant of bail to him in terms of proviso (a) to section 167(2) of the code of 4-1-2002 and pursuant to the petition filed by the petitioner, the learned chief judicial ..... 4-1-2002 and accordingly recalled order dated 4-1-2002 granting bail to the petitioner in terms of proviso (a) to section 167(2) of the code learned counsel for the petitioner, further submitted that since 90 days had expired on 25-12-2001 .....
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