Court : Mumbai Nagpur
..... i find that the learned additional sessions judge while dealing with the case of the prosecution against the appellant no.1 for the offence punishable under section 399 of the indian penal code has properly appreciated the evidence on record and the conclusions of the learned additional sessions judge in ..... the appeal was filed by two appellants challenging the judgment passed by sessions court convicting the appellants for the offence punishable under section 399 of the indian penal code and directing the appellants to undergo rigorous imprisonment for two years and to pay fine of rs.five hundred and in default of payment ..... it is submitted that the sessions court has acquitted the appellant no.1 for the offence of the charge of committing offence punishable under section 398 of the indian penal code recording that the prosecution has failed to prove that the accused made any attempt to commit ..... facts of the case, it has to be held that the conviction of the appellant no.1 for the offence punishable under section 3 read with section 25 of the arms act is unsustainable and it has to be ..... has submitted that the sessions court has committed an error in convicting the appellant no.1 for the offence under section 3 read with section 25 of the arms act, 1959, overlooking the provisions of section 39 of the arms act which lay down that no prosecution shall be instituted against any person in respect of any offence under section 3 without the previous sanction of the district magistrate. .....
Tag this Judgment!Court : Mumbai
..... , condition and use of the place where the vehicle is driven and the amount of traffic which actually is at the time or which might reasonably be expected to be in the place, shall be punishable for the first offence with imprisonment for a term which may extend to six months or with fine which may extend to one thousand rupees, and for any second or subsequent ..... " on going through the aforesaid penal provision, it is implicit that the requisite ingredients to constitute the said offence are rash or negligent driving or riding a vehicle, on any public way, in a manner so rash or negligent which may cause danger to human life or likely to cause hurt or injury to any ..... in view of the fact that no case is made out of the commission of the alleged offences, this application is required to be allowed and criminal proceedings arising out of impugned fir are required to be quashed and ..... on reading the charge sheet, it is apparent that prima facie no case constituting the offence either under section 279 of ipc or under section 184 of the act is made ..... it is also submitted that the entire charge sheet does not make out the offence either under section 279 of the code or under section 184 of the act ..... through the said documents, it can be seen that no offence is made out against the applicant, as alleged by the prosecution ..... 75 of 2014 registered with shivaji park police station for offence punishable under section 279 of indian penal code (`ipc') and section 184 of motor vehicles act, 1988 ('the .....
Tag this Judgment!Court : Mumbai
..... hence the order:- (i) the appeal is allowed; (ii) the impugned judgment and order dated 30th july, 2009 passed by the sessions judge, daman in sessions case no.10/2007, thereby convicting the appellant / accused of the offence punishable under section 302 of the indian penal code, 1860 and sentencing him to suffer rigorous imprisonment for life and to pay a fine of rs.5,000/- in default to suffer rigorous imprisonment for a period of one month is hereby ..... pradesh for making alternate submission that there is no evidence to show that the accused had any intention to commit murder of naresh pandey and, therefore, even if it assumed that the accused assaulted the deceased, the offence would fall at the most under part ii of the section 304 of the indian penal code. 4. ..... seized articles were sent to the chemical analyser and on completion of investigation, chargesheet for an offence punishable under section 302 of the indian penal code came to be filed in the court in the court of the judicial magistrate first class. ..... that evidence of autopsy surgeon goes to show that atleast 3 to 4 blows were given on head as well as face of the deceased by the accused and, therefore, the prosecution has established the guilt of the accused for the offence punishable under section 302 of the indian penal code, 1973. 5. .....
Tag this Judgment!Court : Mumbai
..... the appellants- original accused nos.4, 3, 1 and 2 (herein after referred to accused no.4, accused no.3, accused no.1 and accused no.2 respectively) were tried for the offences under section 364a, 365, 397 of ipc and under section 3(1)(ii), 3(2), 3(3), 3(4) of the maharashtra control of organized crime act, 1999, (in short mcoc act) in mcoc case no.15 ..... the learned trial judge has relied upon the testimony of pw21, pw22 and pw23 to hold the accused nos.1, 2 and 3 guilty of an offence of 'organised crime', and the accused no.4 guilty of being a member of an 'organised crime syndicate'. 37. ..... stated that he traveled along with them by the same car and after traveling some distance for about 3-4 hours when they reached towards a forest area, he was made to get down and was taken to one room. ..... the accused nos.1 to 3 are also convicted for the offence under section 3(1)(ii) whereas the accused no.4 is convicted for offence under section 3(4) of mcoc act and have been sentenced to undergo rigorous imprisonment for five years and fine of rs.5 lakhs each and in default to undergo rigorous imprisonment for ..... therefore apparent that pw2 was called to mumbai with an intention of abducting him for ransom and upon reaching mumbai, the accused had abducted pw2 as well as pw3 and detained them in a room located in forest area. ..... dropped at gulfam hotel whereas pw2 was taken to a house in a forest area. ..... deposed that after traveling for some while, the driver took the vehicle towards a forest area. .....
Tag this Judgment!Court : Mumbai
..... the applications are moved for pre arrest bail as the applicants/accused are facing charges for the offences punishable under sections 120(b) and 420 of the indian penal code and under sections 3, 5 and 6 of prize chits and money circulation schemes (banning) act, 1978 and section 3 of maharashtra protection of interest ..... this matter was against the order of discharge of the accused persons for the offences punishable under sections 4 and 5 read with sections 2(e) and 3 of the prize chits and money circulation schemes ( ..... submitted that the economic offenders ruin the economy of the state and the economic offences are committed with cool and deliberate manner regardless to the consequences on the community. ..... prosecution that in the year 2003 a fraud was detected and the offence was registered at chennai against the said gold quest international private limited company ..... jagan mohan reddy (supra) wherein it is observed as under: the economic offences having deep rooted conspiracies and involving huge loss of public funds need to be viewed seriously and considered as grave offences affecting the economy of the country as a whole and thereby posing serious threat to the financial ..... considering the manner in which the business is conducted, i have doubt whether offence under section 3 of the mpid act, which is a non-bailable section, can be ..... or multilevel marketing pyramid structure as described above is a cognizable offence under prize chits and money circulation schemes (banning) act, .....
Tag this Judgment!Court : Mumbai Aurangabad
..... of the zilla parishad empowered by the chief executive officer in that behalf may place a parishad servant under suspension, - (a) where a disciplinary proceeding against him is contemplated or is pending, or (b) where a case against him in respect of any criminal offence is under investigation or trial: provided that, where the order of suspension are made by an authority lower in rank than the appointing authority, such authority shall forthwith report to the appointing authority the circumstances in which the ..... by the ips officer, assistant superintendent of police, nanded shri pankaj deshmukh and he was pleased to file a charge sheet bearing no.56/2014 in the court of chief judicial magistrate first class, loha, district nanded, for the offence punishable under section 409, 420, 467, 468 etc. .....
Tag this Judgment!Court : Mumbai
..... on the transport, export, sale or purchase of the above category of cattle for slaughter, in regard to entry, search and seizure of the place and vehicles where there is a suspicion of such offences being committed, provision placing the burden of proof on the accused, provision regarding custody of the seized cattle, pending trial with the goshala or panjarapole or such other animal welfare organisations which are willing to ..... on the transport, export, sale or purchase of the above category of cattle for slaughter, in regard to entry, search and seizure of the place and vehicles where there is a suspicion of such offences being committed, provision placing the burden of proof on the accused, provision regarding custody of the seized cattle, pending trial with the goshala or panjarapole or such other animal welfare organisations which are willing to ..... it shall be the duty of every citizen of india *** (g) to protect and improve the natural environment including forests, lakes, rivers and wildlife, and to have compassion for living creatures; at this stage, it will be necessary to make a reference to paragraphs 48 to 52 and 68 of the decision of the apex court ..... the hon'ble minister of state of the ministry of environment and forests in the house stated: population of indian elephants, particularly in south india ..... the environment and to safeguard the forests and wild life of the country. ..... natural environment and includes therein forests, lakes, rivers and wildlife ..... of forests and wild .....
Tag this Judgment!Court : Mumbai Nagpur
..... . section 34 of the indian penal code, the question now that we are called upon to answer is as to whether the death penalties for the offences punishable under sections 364a and 302 of the indian penal code need to be confirmed or whether some other penalty is to be imposed on the appellants/accused herein. ..... while upholding the death sentence awarded to henry, their lordships of the apex court observed thus: we are of the opinion that the offences committed by henry, the originator of the idea of kidnapping children of rich people for extracting ransom, are very heinous and preplanned ..... . we are, therefore, of the considered view that the conviction awarded by the learned trial judge for the offence punishable under sections 364a read with 34, 302 read with 34, 120b and 201 read with 34 of the indian penal code warrants no ..... of punjab (1963) 3 scr 678, this court held that when the accused confesses to the commission of the offence with which he is charged, the court may rely upon the confession and proceed to convict him. 22. ..... at the conclusion of the trial, the learned trial judge convicted both the accused for the offence punishable under section 364a read with section 34 of the indian penal code and sentenced to suffer death ..... the learned trial judge also convicted both the accused for the offence punishable under section 120b of the indian penal code and sentenced them to suffer imprisonment for life and to pay a fine of rs.10,000/- and in default to suffer further .....
Tag this Judgment!Court : Mumbai Nagpur
..... at the same time, the concerned duty officer failed to make any such entry in the station diary about the alleged cognizable offence and the name of the assailants. ..... the said version of pw 11 clearly indicates that pw 11 has failed to verify whether any such entry in respect of the cognizable offence was taken in the station diary. ..... being a vital piece of evidence, it is expected from the informant to lodge the report immediately after the commission of an offence without any delay. ..... they are acquitted of the offences charged with. ..... on the same day, the appellant/accd.no.2amar lohkare made a confessional statement and stated that he had handed over the hattimar knife allegedly used in the offence to app/accd. ..... on receipt of the said information, an offence came to be registered. ..... .8 and 9, whereby the learned additional sessions judge acquitted all the respondents and convicted the ori/accd.nos.1 and 2 in sessions trial no.612/2011 dated 24.9.2014 thereby acquitting the respondents for the offence punishable u/s 302 r/ws. ..... to cook the case as far as the involvement of the appellants/accused is concerned, in the light of the fact that the investigating agency released few suspects after interrogating them, as they were not found to be involved in the offence. 27. ..... however on interrogation, they were allowed to go as they were not found to be involved in the alleged offence. 5. p.i. .....
Tag this Judgment!Court : Mumbai
..... -i which is defined as category i (crz-i) in annexure i to the 1991 notification, which reads thus, category i (crz-i): (i) areas that are ecologically sensitive and important, such as national parks/marine parks, sanctuaries, reserve forests, wildlife habitats, mangroves, corals / coral reefs, areas close to breeding and spawning grounds of fish and other marine life, areas of outstanding natural beauty/historical/heritage areas, areas rich in genetic-diversity, areas likely to be ..... crz areas within their respective territories in accordance with the guidelines given in annexures-i and ii of the notification and obtain approval (with or without modifications) of the central government in the ministry of environment and forests; (ii) within the framework of such approved plans, all development and activities within the crz other than those covered in para 2 and para 3(2) above shall be regulated by the state government, union territory administration ..... direct - (1) respondent no.1 - union of india, ministry of environment and forests to forthwith demolish adarsh building constructed by the petitioners at the expenses of the petitioners; (2) respondent no.1 - union of india and respondent no.7 state of maharashtra to consider initiating appropriate civil / criminal proceedings against the concerned bureaucrats, ministers and politicians in accordance with law, if not already done for committing various offences in acquiring the subject plot as also isuse and / or abuse of powers .....
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