Court : Jharkhand
Decided on : Jul-11-2003
Reported in : 2004CriLJ1738
..... shankar singh was further found guilty under section 489d, i.p.c. to constitute an offence under section 120b, i.p.c. there must be an agreement between the appellants who are alleged to conspire and the said agreement should be for doing an illegal act or for doing by illegal means an act which may not itself be illegal and ..... there must be some overt act done by one of them ..... of evidence on the record that aforesaid three appellants had counterfeited the currency notes or knowingly performed any part of the process of counterfeiting it and their conviction under section 489a, i.p.c. cannot be maintained unless it is proved that the aforesaid three appellants really intended to counterfeit and either did counterfeit or performed any .....
Tag this Judgment!Court : Jharkhand
Decided on : Jul-08-2003
Reported in : 2004CriLJ3218
..... the medical witness has further deposed to have found the urinary bladder and penetonial ruptured and according to him the nature of the said injury is grievous caused by explosive substance. the medical witness has also deposed that the death of the deceased is due to haemorrhage and shock as a result of the injury aforesaid and time ..... 7, p. w. 2 and p. w. 5 regarding the oral dying declaration made before them by the deceased found the appellant guilty for the offence punishable under section 396 of the indian penal code and convicted and sentenced him as stated above.7. assailing the impugned judgment as unsustainable it has been submitted by ms. afsari begum, the ..... das, 3rd additional sessions judge, dumka in sessions case no. 253 of 1988/6 of 1988 whereby and whereunder this appellant was found guilty for the offence punishable under section 396 of the indian penal code and he was convicted and sentenced to undergo r. i. for ten years.2. the prosecution case has arisen on the basis .....
Tag this Judgment!Court : Jharkhand
Decided on : Jul-08-2003
Reported in : 2004CriLJ1734
..... police did not produce the seized articles. the learned counsel further pointed out that application of section 6 of the indian evidence act was there but learned court below overlooked this provision under section 6 of the indian evidence act and came to an erroneous finding. the learned counsel further assailed the judgment on the ..... ground that section 320 of the code has not been taken into consideration.4. in this case prosecution has examined altogether 18 witnesses ..... where in my opinion high court should interfere because there will be miscarriage of justice if it is not held that case is made out under section 326 ipc. section 320 ipc is quoted hereinbelow :--'320 grievous hurt -- the following kinds of hurt only are designated as 'grievous' : firstly emasculationsecondly permanent privation of .....
Tag this Judgment!Court : Jharkhand
Decided on : Jul-07-2003
Reported in : [2003(3)JCR647(Jhr)]
..... -b' registers were maintained goes to show that the concerned workmen were required to give their details as per the requirements of section 48 of the mines act. section 48 of the mines act reads thus :--'48. registers of persons employed.--[(1) for every mine there shall be kept in the prescribed form and place a ..... claiming regularization of service because the petitioners never employed them. his final argument is that the petitioner cannot be brought within the definition of section 2(j) of the mines act, 1952 because it is not a 'mine' within the said definition and therefore the central government could not have been the appropriate government ..... for the purposes of this sub-clause, 'agricultural operation' does not include and activity carried on in a plantation as defined in clause (f) of section 2 of the planations labour act, 1951; or (2) hospital or dispensaries; or (3) educational, scientific, research or training institutions; or (4) institutions owned or managed by organizations .....
Tag this Judgment!Court : Jharkhand
Decided on : Jul-07-2003
Reported in : 2004(2)BLJR1438; [2004(3)JCR385(Jhr)]
..... the so called order of the deputy commissioner in some other proceedings.7. what remains is a claim that the petitioner is entitled to exemption under section 19(vii) of the act. section 19(vii) postulates the existence of two conditions so as to enable a person to claim exemption under that provision. the first is that the ..... it is, therefore, clear on the materials that the orders of the authorities that the petitioner is not entitled to have the land exempted under section 19(vii) of the act cannot be said to suffer from any error apparent on the face of the record justifying our interference.8. learned senior counsel appearing for the petitioner ..... view was upheld by the appellate authority in the second round when the final order of the original authority was challenged before him in the appeal under section 12 of the act.5. the learned senior counsel appearing for the petitioner society contended that the petitioner society was a public charitable or religious trust and it required the .....
Tag this Judgment!Court : Jharkhand
Decided on : Jul-07-2003
Reported in : 2003CriLJ4248
..... no. 25/11 of 1989 by shri jawahar lal choudhary, 5th additional sessions judge, dumka (santhal parganas) whereby and whereunder the appellant was found guilty for the offence punishable under section 376 of the indian penal code and he was convicted and sentenced to undergo r.i. for five years.2. the prosecution case has arisen on the basis of the .....
Tag this Judgment!Court : Jharkhand
Decided on : Jul-05-2003
Reported in : 2003CriLJ4431
..... sentence dated 29-3-1993 passed in sessions trial no. 365 of 1992 whereby and whereunder the learned 3rd additional sessions judge, dumka held the appellant malendo marandi guilty under section 376 of the indian penal code (ipc) and convicted him and sentenced him to undergo r. i. for seven years.2. the prosecution case in brief is that on 14 ..... . pw10 is dina nath mishra. he has come to say that informant came to ps and gave statement, on the basis of which fir was drawn up and case under section 376, ipc was registered. he was then posted as officer-in-charge but he did not conduct the investigation.12. learned counsel appearing for the appellant submitted that there was ..... and it cannot be believed that a boy of 21 years will be able to commit rape on a grown up lady without any resistance and, therefore, no case under section 376, ipc is made out and it may be the case of some sort of assault.13. from the discussions made above and from the evidence of doctor and other .....
Tag this Judgment!Court : Jharkhand
Decided on : Jul-04-2003
Reported in : 2003(51)BLJR1460; 2003CriLJ3262; [2003(3)JCR277(Jhr)]
..... , namely, nato ganjhu, butan mahto and bishna ganjhu. the appellants nato ganjhu, butan mahto and bishna ganjhu have been charged and convicted for the offence under sections 307/149 of the indian penal code, but surprisingly enough to note that no any other witness corroborated this allegation that they were holding weapons and they had ..... .16. it is significant to note here that the trial court has not framed any charge against the appellant kunjal ganjhu for the offence under section 27 of the arms act. there is no iota of evidence against the above three appellants, namely, nato ganjhu, butan mahto and bishna ganjhu that they had committed any overt ..... any other witness being eye-witness has come forward to say about the act of commission of these appellants at the relevant time. i have already stated above that pw 2, mother of the informant, is not an eye-witness.14. for constituting the offence under section 149 of the indian penal code, two ingredients are required essentially :--'( .....
Tag this Judgment!Court : Jharkhand
Decided on : Jun-27-2003
Reported in : [2003(4)JCR650(Jhr)]
..... the cause of death was due to shock and haemorrhage resulting the above injuries. no any other witness has been examined.10. the appellant was examined under section 313 of the code of criminal procedure and he denied the entire allegations. the doctor who held post mortem found as many as three injuries on his person ..... father to kill him. accordingly, on the basis of the fardbayan. first information report was lodged against the accused persons including the appellant for the offence under sections 320/34 and 307 of the indian penal code.3. the police investigated into the case and submitted charge- sheet. appellant mageya hessa appeared before the sessions ..... by the sessions judge, singhbhum west at chalbasa, in session trial no. 306 of 1991 whereby and whereunder, the learned court below convicted the appellant under section 302/34 of the indian penal code and sentenced him to undergo rigorous imprisonment for life.2. the prosecution case in brief is that the informant bihari lal .....
Tag this Judgment!Court : Jharkhand
Decided on : Jun-26-2003
Reported in : 2003(2)BLJR1467; [2003(3)JCR302(Jhr)]
..... second issue (no. b) stands decided in favour of petitioner-comfed which is deemed to be a multi-state cooperative society under sub-section (1) of section 95 of multi- state co-operative societies act, 1984, since the date of reorganization of state of bihar i.e. with effect from 15th november, 2000.10. in view of ..... in or over such property, and the expression 'goods' does not include coins, bank notes and currency notes.'there is a separate provision under section 56 of the bihar re-organization act, 2000 in respect to liability of the erstwhile state of bihar as guarantor of a registered co-operative society, which reads as follows : ' ..... j. 1. the secretary, department of animal husbandry and fisheries, government of jharkhand issued an order no. 52 dated 23rd november, 2001 under sections 41 and 42 of the bihar re-organization act, 2000 declaring the ranchi dairy, ranchi, bokaro dairy, bokaro, jamshedpur dairy, jamshedpur and cattle feed factory, ranchi of bihar state co-operative milk .....
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