Court : Supreme Court of India
Reported in : JT2010(1)SC24; 2010(1)SCALE60
..... be tried for the various offences by the trial court including offences punishable under sections 147, 148, 324, 326, 307 and 302, ipc read with section 149, ipc; sections 3 and 5 of the explosive substances act and section 25(1)(b) and 27 of the indian arms act.3. as per the prosecution case, all the accused persons and the witnesses ..... bomb at them. the trial court also expressed its doubts on the basis of sketch of scene of offence (exhibit p-21), which shows no traces of explosion of any explosive substance at the scene of offence. the trial court also expressed doubts about the evidence of s. ramakrishna reddy (pw-15) on account of his not ..... to accept the evidence of these eye-witnesses, particularly against the appellant herein.16. the high court also has nowhere considered the other circumstance that there was no explosive substance found at the place where allegedly the bombs were exploded. on the other hand, they were found somewhere else. that is clear from the evidence of .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2009(57)BLJR3095; JT2009(12)SC300; 2009(12)SCALE580; 2009(9)LC4499(SC)
..... , we accept the appeal, set aside the order of the high court awarding death sentence and award a sentence of imprisonment for life. the sentences under section 148, ipc and section 5 of the explosive substances act and under section 302, ipc, shall run concurrently. likewise in state of u.p. v. sahai and ors. : (1982) 1 scc 352 which pertained to a murder of ..... consequences for the appellant, permitted his counsel to argue the entire appeal.6. we first examine the argument of the appellant's counsel based on section 84 of the i.p.c.. section 84 reads as under:act of a person of unsound mind. - nothing is an offence which is done by a person who, at the time of doing it, by reason ..... of unsoundness of mind, is incapable of knowing the nature of the act, or that he is doing what is either wrong or contrary to law. 7 .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2009(57)BLJR3067; JT2009(11)SC240; 2009(11)SCALE782; 2009(9)LC4082(SC); 2009AIRSCW6007; 2009(5)LHSC3367
..... the spur of the moment. it was as if a matchstick was applied to the wick of a bomb, resulting in the explosion thereof. thus, there was no pre-meditation aspect in the act of the appellant/accused, which was at the spur of the moment. this was obviously a reason of the long standing hatred and enmity between ..... imprisonment for 3 months for the offence punishable under section 326, ipc. this was confirmed by the high court, necessitating the present appeal.6. shri mata prasad singh, the amicus curiae appointed by this court took us through ..... convicted to suffer the rigorous imprisonment for seven years and payment of rs. 5,000/-, and in default, to suffer six months' imprisonment on account of offence punishable under section 307, ipc. strangely enough, he was also sentenced to suffer rigorous imprisonment for 5 years and to pay rs. 5,000/- and in default, to suffer further rigorous .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2009SC2955; 2009(57)BLJR2101; JT2009(9)SC59; RLW2010(1)SC145; 2009(9)SCALE135; (2009)7SCC404; 2009(7)LC3284(SC)
..... by law established or to strike terror in the people or any section of the people or to alienate any section of the people or to adversely affect the harmony amongst different sections of the people does any act or thing by using bombs, dynamite or other explosive substances or inflammable substances or fire- arms or other lethal weapons or ..... established; or (ii) to strike terror in the people or any section of the people; or (iii) to alienate any section of the people; or (iv) to adversely affect the harmony amongst different sections of the people, does any act or things by using (a) bombs or dynamite, or (b) other explosive substances, or (c) inflammable substances, or (d) firearms, or ..... threatens to kill or injure such person in order to compel the government or any other person to do or abstain from doing any act, commits a terrorist act. 31. the provision of section 3(1) has been construed by this court in several cases and reference in this connection may be made to the decision of .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2009(5)ALT1(SC); JT2009(9)SC229; (2009)IVLLJ57SC; 2009(9)SCALE99; (2009)8SCC431; 2009(7)LC3037(SC):669458
..... to have come into force on the th 28 october, 1996 and the remaining provisions shall come into force at once.4. amendment of section 7. in section 7 of the principal act for the first proviso, the following proviso shall be substituted, namely: provided that the services of those persons continuing as on the 25th november ..... speech made by the minister at the time of introducing the bill could be looked into for understanding the true character of the amendment and observed:the explosive import of neglecting such a distressing urban development reasonably obliges the state to impose drastic restrictions on landlords' right to property. and when circumvention of wholesome ..... or overriding the judgment in district collector v. m.l. singh (supra). we further hold that the policy of regularisation contained in first proviso to section 7 of act no. 27 of 1998 is one time measure intended to benefit only those daily wage employees, etc. who completed 5 years continuous service on or before .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2009SC2772; 2009CriLJ3952; JT2009(8)SC250; 2009(8)SCALE642; (2009)7SCC480:2009AIRSCW4202
..... to 10.5.200610.5.2006 lac 3/06 under section 120b of ipc r.w.section 4, 5 of explosive substances act, 1908r.w. 5, 6, 9, 9b of. indian explosive act,1884 r.w. 3, 4, 25 of indian arms act, 1959r.w. section 10, 13, 16, 18, 23 of unlawfulactivities (prevention) act, 1967 came to bereferred.13.5.2006 present petitioners i ..... the date on which the charge sheet was submitted, which is bail application no. 32 of 2006. prior to this, there was no application under section of mcoc act, 1999 r/w section 167(2) of code on default ground. affidavit of assistant commissioner of police mr. uttam chopane specifically states that such an application on a default ..... extended period for filing chargesheethaving expired the applicants have become entitled for theirrelease on bail on account of default in filing chargesheetwithin the extended periodgranted under section 21 of mcoc act.4.9.2006 since charge sheet was filed on 4.9.2006 i.e. within extendedtime granted by mcoc special court, said fact is reflected .....
Tag this Judgment!Court : Supreme Court of India
Reported in : JT2009(8)SC105; 2009(7)SCALE115; 2009AIRSCW6059
..... the charges except under section 120b and section 148 ipc.2. prosecution case during trial is essentially as follows: i a-1, a ..... , a charge sheet was filed against all the accused. charges were framed against the accused for the offences under sections 120b, 148, 302, 302/149, 307, 307/149, 435, 435/149 ipc and section 3, 5, and 6 of explosive act. all the accused denied the charges and claimed for trial. trial court acquitted the accused persons. an appeal was ..... were found guilty of offence punishable under section 302 read with section 149 ipc and a-1 to a-4, a-6, a-7, a-9 to a-13 were also found guilty of offence punishable under section 307 ipc as also under sections 3 and 5 of explosive substances act, 1908 (in short the `explosive act'). they were acquitted of the rest of .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2009(3)AWC3000(SC); JT2009(9)SC329; (2009)156PLR760; 2009(7)SCALE550; (2009)7SCC148; 2009AIRSCW5325
..... policy cannot be said to have covered the life of passenger traveling in the car.12. the business of insurance is governed by the insurance act, 1938 (for short `the 1938 act'), section 64vb whereof reads as under:section 64vb - no risk to be assumed unless premium is received in advance (1) no insurer shall assume any risk in india in respect of any ..... policy witnesseth: that subject to the terms exceptions and conditions contained herein or endorsed or expressed hereon; section i. loss or damage the company will indemnify the insured against loss or damage to the vehicle insured hereunder and / or its accessories whilst thereona. by fire explosion self ignition or lightning.b. by burglary housebreaking or theft.c. by riot and strike.d .....
Tag this Judgment!Court : Supreme Court of India
Reported in : JT2009(14)SC167; 2009(6)SCALE287; (2009)12SCC725
..... thirteen respondents who faced trial for alleged commission of offence under section 302 read with sections 149, 148 and 326 of the indian penal code, 1860 (in short the `ipc') and section 9 of the indian explosive act, (for short `the act').2. respondent nos. 1 and 2 were found guilty of offence punishable under section 302 ipc. all the thirteen accused persons were sentenced to undergo ..... imprisonment for life for the offence relatable to section 302. separate sentence was imposed for offences punishable under .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2009(57)BLJR1209; (2009)2GLR1502; JT2009(3)SC385; 2009(3)SCALE791; (2009)5SCC283; 2009(3)LC1133(SC)
..... referred to the first information report dated 8th may, 1994, in which, along with the other offences under the indian penal code, arms act and the explosive substances act, offences under sections 3, 4 and 5 of the tada act were also included. mr. sushil kumar submitted that it would also be evident from the affidavit filed on behalf of the state of ..... tada case i/g. 6/96 n/s-121, 121(c), 122, 123, 120(b) of the indian penal code and under sections 4, 5 and of the explosive substances act and sections 3, 4 and 5 of tada act pending before the designated (tada) judge at porbandar, to the satisfaction of the trial court upon such conditions as may be considered necessary ..... 2007 in special tada case no. 6 of 2005 in respect of offences alleged to have been committed under sections 121, 121a, 122, 123. 120b, 34 ipc, section 25(1), ab, aa of the arms act, section 9-b of the explosive substances act read with sections 3, 4, 5 and 6 of tada.3. the appellant no. 1, izharul haq abdul hamid shaikh .....
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