Court : Patna
..... /149 i.p.c. accused baleshwar yadav has further been sentenced to undergo r.i. for seven years for the offences under sections 3/5 of the explosive substance act. all these sentences have been directed to run concurrently.3. it would be relevant and convenient to reproduce, in brief, the facts of the case. one peyare yadav of ..... i.p.c. and those of baleshwar yadav, achheyelal gope and rohan yadav is altered to one under sections 326/149 i.p.c. however, the conviction under the arms act and the explosive substance act are maintained.13. the case was instituted in the year 1982 and the sessions trial is of the year 1985. the appellants have suffered trauma and the ..... /149 of i.p.c., accused sadhu gope and deoki yadav were further charged under section 307 of i.p.c. and 27 of arms act and arjun yadav and baleshwar yadav were charged under sections 3/5 of the explosive substance act.5. it will not be out of place to mention here that although the chargesheet was submitted against 24 persons .....
Tag this Judgment!Court : Patna
..... judge recorded a finding of acquittal in respect of the charge under section 3 of explosive substance act against accused anand prasad yadav as consent of the central government for prosecution of the said accused under the explosive substance act as envisaged under section 7 of the explosive substance act had not been obtained, but the respective charges against the three ..... framed against accused dilip kumar and awadhesh prasad yadav and accused anand prasad yadav was charged under section 307 of i.p.c. and section 3 of the explosive substance act and accused dilip kumar was further charged for offence under section 379 of i.p.c.5. the prosecution in support of its case sought to examine ..... a formal f.i.r. was drawn up and chowk p.s. case no. 8 of 1989 under sections 307 and 379 of i.p.c. as also under sections 3/5 of the explosive substance act was registered against the aforesaid three persons. after due investigation chargesheet was submitted against the three accused and after .....
Tag this Judgment!Court : Patna
..... in their house at khagaul at patna leading to the institution of khagaul ps case no. 66 of 2003 on 2.11.2003 under sections 307, 324 of the penal code and sections 4/5 of the explosive substances act. the informant was then compelled to file cr.w.j.c. no. 199 of 2004 before this high court for direction to the ..... larger interest of society.6. in the case of y. abraham ajith (supra) relied upon by the petitioners, the allegations were under section 498a and 406 of the penal code only read with section 4 of the dowry prohibition act, 1961. the victim left the house of the husband at nagercoil after alleged dowry demands by the husband and his relations. there ..... , continuity of action, and community of purpose or design are the factors for deciding whether certain acts are part of the same transaction or not. a series of acts so connected together to form a part of a transaction is purely a question of fact. section 177 cr.p.c. is therefore not peremptory in nature nor a complete embargo.5. in .....
Tag this Judgment!Court : Patna
..... used to climb on the transformer for making repairs and would not heed even to forbiddings and that as he did so on the fateful day, there was an explosion and suffering electric shock he died. no witness has stated that the petitioner in any way forced or even suggested the deceased to climb and make repairs. case diary ..... the deceased frequently used to climb on the transformer for making repairs and did not listen to anyone and that he climbed on the fateful day and there was explosion and the deceased suffered electric shock and died.6. in course of investigation no witness had stated in any way that the petitioner forced or even suggested the deceased ..... intention to cause death or causing such bodly injury which is likely to cause death .whereas part-ii of section 304 i.p.c. contemplates act within the knowledge that if the act is done it is likely to cause death. to attract section 304 i.p.c. any of the aforesaid circumstances should exist. from the facts constituting the offence as .....
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..... basis of the statement of one syed basumul haque, officer incharge, begusarai police station under sections 207, 223, 136, 324, 353, 216a of the indian penal code and sections 25(1-b)a, 26, 27, and 35 of the arms act read with sections 3, 4, and 5 of the explosives act. the petitioner along with other co-accused, namely, shankar singh, mukesh singh, binod ..... (iv) it is in the expediency of the larger interest of justice, the high court may pass an order as incorprated under clauses (i) to (iv) of sub-section (1) of section 407 cr.p.c., as quoted above.6. from a plain perusal of all the three applications, none of the aforesaid grounds are attracted. in other words, the court ..... court of fast track court no. iv, begusarai, arising out of barauni p.s.case no. 406 of 1992 under sections 353, 307/34 of the indian penal code and sections 25(1-b)a, 26, 27 and 35 of the arms act. as the synopsis of this case, provides by the state, discloses, one uma shankar singh, assistant inspector of police, .....
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..... basis of a report given to the police, patna g.r.p.s. case no. 254 of 1990 under section 302/34 of the indian penal code, section 27 of the arms act and section 3/4 of the explosive substance act was registered against three unknown persons. police, after investigation, submitted charge sheet against three accused persons, namely, binod yadav ..... of 1997, so far as petitioner is concerned, supplementary charge sheet dated 17.7.1997 was submitted against him under sections 304/302/34, 120b of the indian penal code, section 3/5 of the explosive substance act. after submission of the charge sheet against the petitioner, the learned magistrate had taken cognizance of the offence and the ..... pending for commitment.6. mr. kumar, then contends that the petitioner can be summoned to face trial by the sessions judge in exercise of power under section 193 of the code of criminal procedure, this issue is academic. here on the basis of supplementary charge sheet cognizance has been taken and the matter is .....
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..... appellants are living together in a house the aforesaid finding is based merely on imagination.10. in this case appellants have been convicted and sentenced under section 5 of explosive substances act. the entire evidence on record shows that only this much has i been alleged against the appellants that. powder kept in a small 'puriya' ..... r. i, for 3 years under section 25(a) of arms act, r i. for 5 years under section 26 of arms act and r, i. for 7 years under section 5 of explosive substances act. all the sentences were, however, ordered to run concurrently. appellants were convicted under section 35 of arms act but no separate sentence was awarded under this ..... report of informant (ext. 3), formal fir (ext. 2) under sections 353/186, i. p. c. and 25/26/35 of arms act as well as under section 5 of explosive substances act was drawn and after investigation chargesheet was submitted under the aforesaid sections and appellants were put on trial and after trial they were found guilty and .....
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..... .(2) by virture of its powers, duties and functions under article 324 read with article 172(1) of the constitution of india and section 15 of representation of the people act, 1951 and following the principle laid down by the hon'ble supreme court of india in reference case no. 1 of 2002 (reference by ..... 18.6.2005 to expedite execution of all pending non-bailable warrants especially against criminals and to launch special drives to unearth illegal arms, ammunitions and explosives. the state was also asked to prepare district-wise lists and habitual offenders and anti-social elements for taking proper preventive action at the time of elections ..... six months of premature dissolution. upon correct appraisal and intrepretation of provisions of articles 324, 174, 85 & 329 and the provisions of sections 14 & 15 of the representation of the people act, 1951, we find that this sole submission does not carry the petitioner any further. it is without recognisable and cognisable proposition.16. after .....
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..... findings in the case diary does not affect the prosecution case.24. mr. singh finally submitted that the conviction under section 4 of the explosive substances act was bad since there was no sanction under section 7 of the act. on this point he seems to be on firm grounds.25. mr. jaysawal tried to take help from the provision ..... of the materials on record, we find that there is no sanction at all in this case. section 465, cr pc is, therefore, of no avail. consequently, the conviction of the appellant under section 4 of the explosive substances act and the sentence given to him under that provisions are set aside. so far as his conviction and ..... hearing of this appeal.2. the single appellant sanjay singh stands convicted under section 302 of the penal code and section 3 of the explosive substances act and sentenced to undergo rigorous imprisonment for life for the offence of murder and seven years for causing explosion by throwing a bomb. the two sentences were directed by the trial court .....
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..... .s. case no. 11/ 88 was instituted against the three accused persons under sections 302/34 of the indian penal code besides sections 3/4 of the explosive substance act. after investigation all the three accused were put on trial for the charge under sections 302/34 of the indian penal code which ended in their conviction and sentence in ..... has proved the seizure list (ext. no. 6). he obtained the post-mortem report, recorded the statement of barharia doctor and sent the seized blood and bomb explosion remains for chemical test. on completion of the investigation he submitted charge-sheet.11. it is clear from the aforesaid discussions that there is no eye witness to ..... and bladder full. stomach contained undigested food.in his opinion the death was caused due to haemorrhage and shock to the vital organs of the abdominal cavity by explosive substance. he found the time elapsed in between the death and the post-mortem examination held within 16 hours. he proved the post-mortem report which is .....
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