Court : Patna
..... kumar singh 24. 01-2012 heard learned counsels for the petitioner and the state. the petitioner is apprehending his arrest in a case registered under sections 338/34 of the indian penal code and of the explosive substances act. it is alleged that due to mining operation being done by the petitioner, the informant received some injuries by stone. it is submitted that ..... .10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned c.j.m. aurangabad, subject to the conditions as laid down under section 438(2) of the code of criminal procedure. (dinesh kumar singh, j.) u.k./-
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..... of the truck were apprehended. explosive substances kept in gunny bags were found concealed under the stone chips. it is submitted by learned ..... mr. justice dinesh kumar singh 24. 01-2012 petitioner is apprehending his arrest in a case registered for the offences under sections 121(a), 122, 414, 120b/34 of the i.p.c. and section 17 of the criminal law amendment act. according to the prosecution case stone chips loaded truck was seized by the informant and five persons sitting in the cabin .....
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..... .p. for the state. it is a case of misuse of privilege of bail. the petitioner is an accused in a case registered under section 147 of the indian penal code and sections 3 / 5 of the explosive substance act. petitioners prayer for bail has earlier been rejected vide order dated 21.09.2011 passed in cr. misc. no. 25447 of 2011 as contained .....
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..... 1994 acquitting the opposite party nos.2 to 6 from the charges framed against them for an offence punishable under section 307, 149 and 452 of the indian penal code, section 4/5 of the explosive substance act has challenged the same under instant revision petition.2. while assailing the judgment impugned, it has been submitted that ..... occurrence discredit their testimony and on account thereof became untrustworthy, unreliable.16. with regard to application of explosive substance act, it is apparent that none of the pws have stated that bomb had exploded and they have seen explosion thereof. informant himself is not static on this score. pw-1 himself shown his absence by having at ..... the nephew of informant against bhuneshwar shukla.8. the aforesaid complaint was sent to the local police for registration and investigation of the case in terms of section 156(3) cr.p.c. on the basis of which dariyapur p.s. case no.102 of 1992 was registered whereupon investigation commenced and concluded by .....
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..... when one could have considered the provisions of section 436 of the ipc, one might have found that mischief by fire or explosive substance could be an offence only when the intention is to destroy any building or the act of arson is perpetrated with knowledge that the act was likely to cause destruction of the building which ..... that particular fact indicating the commission of the act by any particular accused. the intention and knowledge being absent as appears definitely from the evidence, the conviction of appellant sito mehta under section 436 of the ipc appears completely out of the four walls of the provisions of section 436 of the ipc. the facts and the ..... that case, it could not be an offence under section 436 of the ipc. the dominant intention, as rightly pointed out by the learned public prosecutor, was to take forcible possession of the property. witnesses also stated that the accused persons were determined and did acts only in that direction. the statements of witnesses which .....
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..... of endangering human life or causing danger to any property. the other most important aspect of the application of the provisions of sections 3 and 4 of the act is that the act of detonating an explosion has to be with a particular purpose, that is to say, that it should be with a purpose which is unlawful and ..... 1. three appellants were charged by the learned 3rd additional sessions judge, aurangabad with commission of offences under sections 3 and 4 of the explosive substances act (hereinafter referred to as the act) in sessions trial no. 42 of 1993 and by judgment of conviction dated 15.02.2002 they were held guilty of committing the offences. after ..... mens rea), preparation, attempt and commission of the act, but by formulating the provisions of sections 3 and 4 of the act, the legislature appears laying down one of the unknown criminal behaviour of a person, like, the purpose with which he was to commit the act of detonating an explosion and was laying it down as the most important .....
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..... incident is of 1997. it occurred in a public transport bus when that bus was carrying passengers and stopped at a bus-stand. the moment the bus stopped an explosion took place inside the bus that ultimately resulted in death of four persons and injury to twenty-four persons. the nature of the incident and the circumstances in which ..... about the very grave nature of offence. as a matter of fact, the appellant has been charged for the offences under sections 302/307 ipc and section 3 and, in the alternative, section 4(b) of the es act. it is true that the appellant has been in jail since 9-3-1998 and it is more than 14 years since ..... intention, and (ii) participation of the accused in the commission of an offence. it further makes clear that if common intention is proved but no overt act is attributed to the individual accused, section 34 will be attracted as essentially it involves vicarious liability but if participation of the accused in the crime is proved and common intention is absent .....
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..... including jewellery' were retrospectively added with effect from april 1, 1963, and the explanation was added with effect from april 1, 1972, by the same finance act in section 5(1)(viii), gave out a clear intention of parliament that the wider meaning of the word 'jewellery' as contained in the explanation, was not to be ..... whether, on the facts and in the circumstances of the case, the jewellery included ornaments, according to the first proviso to clause (viii) of sub-section (1) of section 5 of the act, and the addition of explanation was merely clarificatory ? 2. whether, on the facts and in the circumstances of the case, the order of the income ..... andornament, if they were intended for personal use of the assessee, were entitled to claim exemption irrespective of their valuation under clause (viii) of section 5(1) of the act. the court observed that the term 'jewellery' was the collective description of jewellery as well as other ornaments of precious metal. though the question .....
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..... husband soon before her death.(d) the cruelty and harassment should be for, or in connection with arty demand of dowry.section 113b of the evidence act was also inserted by the aforesaid amendment act. the said provision raise a presumption as to dowry death. when the question is whether a person has committed the dowry ..... he also contended that the prosecution has failed to prove any of the offences alleged against the appellant.7. section 304b was inserted by the dowry prohibition (amendment) act, 1986 and the essential requirements of the aforesaid section are as follows:(a) the death should have been caused within seven years of the marriage of the ..... my view, fully satisfies the requirement of definition of dowry as given under section 2(1) of the dowry prohibition act, thus, the evidence adduced by the prosecution proves all the ingredients of section 304b against the appellant.16. section 113b of the evidence act raises a presumption as to the dowry death, which runs as follows: .....
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..... be necessary, inter alia, for the following reasons:the sessions judge has passed a judgment convicting the appellant, inter alia, of the offence punishable under section 23 of the ndps act and sentenced him to 10 years rigorous imprisonment for that offence. if no appeal could have been preferred, the conviction and sentence passed with regard to ..... to a division bench for consideration of the question as to 'whether the appeal has to be heard afresh with regard to the conviction under section 23 of the aforesaid act and sentence passed in regard thereto or the same has to be treated to be set aside in view of the direction to release the ..... trial court for this offence (5 years rigorous imprisonment) was reduced 'to the period already undergone' by the appellant. so far the offence punishable under section 23 of the ndps act is concerned, it appears from a perusal of the appellate court judgment that it completely escaped from its notice, although the trial court, as already indicated .....
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