Court : Patna
..... - the trial magistrate in this case has properly considered all aspects including the plea of guilty and given good reasons for awarding 4 years r.i. ..... in my opinion, merely the fact that the accused has pleaded guilty, shall not itself absolve him from the rigor of the sentence.8. ..... - the petitioner would have succeeded in his plea-bargain by getting the minimum sentence prescribed by law and that is what the high court has granted. ..... 377 of 2002), held him guilty under section 406, 408, 120b, 420, 468, 471 and 477 of the ipc and sentenced him to undergo rigorous imprisonment for one year each for offence under section 406, 120b, and 471 of ..... neither the trial court nor the high court has jurisdiction to bypass the minimum limit prescribed by law on the premise that a plea-bargain was adopted by the accused. .....
Tag this Judgment!Court : Patna
..... in view of the provisions of rule 53 the petitioner will have an opportunity raising such plea at the time of his general plea of guilty or not guilty to the charge in the court martial proceedings and the concerned court shall consider the same in accordance ..... of the trial is more than three years, and the limit of time for trial is not extended under section 122(2) if he offers such plea in bar, the court shall record it as well as his general plea, and it' it considers that any fact or facts stated by him are sufficient to support the plea in bar, it shall receive any evidence offered, and hear any address made by or on behalf of the accused and the prosecutor in reference ..... the rule 53 reads as follows:plea in bar:(1) the accused, at the time of his general plea of 'guilty' or 'not guilty' to a charge for an offence, may offer a plea in bar of trial on the ground that:(a) he has been previously convicted or acquitted of the offence by a competent criminal court or by ..... the act lays down that subject to the provisions of section 70 any person subject to this act commits any civil ;offences shall be deemed to be guilty of an offence against this act and if charged therewith under this section shall be liable to be tried by a court-martial. ..... about the plea in bar which the accused may raise at the time of his general plea of guilty or not guilty. ..... cannot assume the functions of the court-martial to decide a plea which may be raised by the petitioner under rule 53 of the .....
Tag this Judgment!Court : Patna
..... accused, at the time of his general plea of 'guilty' or 'not guilty' to a charge for an offence, may offer a plea in bar of trial on the ground that-(a) he has been previously convicted or acquitted of the offence by a competent criminal court or by a court-martial, or has been dealt with summarily under sections 80, 83, 84 and 85, as the case may be for the ..... the accused may plead guilty or not guilty if he pleads guilty, the procedure prescribed under rule 54 would be followed and if he pleads not guilty, procedure prescribed under rule 56 is to be followed ..... accordingly, tentative charges were served upon petitioner on 4.1.96 holding prima facie guilty for omission prejudicial to the good order and military reputation. ..... since the act does not contemplate any exception, plea of respondent that no reason is to be recorded as per the rules, cannot be accepted ..... discussions made hereinabove, all these three writ applications are allowed in part and the respondent authorities are directed to supply copies of the order by which the objections of the accused petitioners with regard to plea of bar of the commencement of trial has been rejected. ..... (3) if the court finds that the plea in bar is proved it shall record its finding, and notify it to the confirming authority, and shall either adjourn or if there is any other charge against the accused, whether in the same or in a different charge sheet, which is not affected by the plea in bar, may proceed to the trial of the accused on that .....
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..... on the charge framed after it has been explained to the accused, the plea of guilty or not guilty is recorded.if the accused pleads guilty, certain consequences follow. ..... when a charge is not framed, obviously no plea of the accused with reference to it is taken and the trial has proceeded without such a plea.is the framing of a charge and the recording of the plea of the accused merely a ritual or a fundamental provision of the code concerning procedure in a criminal trial? ..... if he pleads not guilty, the trial must proceed according to law. .....
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..... the issue is not whether the person is workman or an officer, it is a matter of integrity and subsequent pleas by the management as a face saving device to justify termination cannot be accepted.9. ..... the next best thing the management resorted to is to manufacture a plea that the workmen were guilty of misconduct. ..... before the labour court the management also raised a plea of jurisdiction, in effect, that their society was not an industry and the persons mentioned in the reference were not their workmen.5. ..... the workmen had their services dispensed with as the record shows, on the assertion of the management subsequently that they were part time with an alternative plea that they had left their services. ..... the first plea on jurisdiction was noticed by the labour court relying on the case bangalore water supply and sewerage board v. a. ..... the plea of the employer that the dismissal was on the ground of misconduct was negatived by the labour court. ..... the labour court also noticed that the management took up inconsistent pleas. .....
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..... petitioner it was open for them to have asked the petitioner to get his father examined by any doctor of the choice of the authorities but without any medical evidence suggesting to the contrary the plea of illness raised by the petitioner on the basis of the medical prescription produced by the doctor attending on his father could not have been rejected and findings to the contrary recorded in the enquiry ..... officer without ensuring service of the copy of the said letter, as is evident from internal page-5 of the enquiry report itself, proceeded to conduct the enquiry and hold him guilty of writing letter dated 14.8.1997 without serving a copy of the letter dated 14.8.1997 on the petitioner so as to enable him to deny the contents of the letter. ..... petitioner under letter dated 3.3.1998, annexure-g requested the managing director to change the enquiry officer who had proceeded to hold him guilty of the charges levelled against him without even furnishing the copy of the letter dated 14.08.1997 and set aside the findings in the enquiry report so that petitioner could ..... levelled against him, the enquiry officer rejected the plea of illness of the father of the petitioner as unconvincing although petitioner had produced prescription and other documents with ordinary leave application(s) to establish the fact that his father was critically ill and required the assistance of the petitioner.the enquiry officer also found the petitioner guilty of not receiving letters sent to him either .....
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..... observed as follows:the full bench of the patna high court considered the question relating to the determination of the age of the accused and the belated raising of that plea and opined that though the normal rule is that a plea unless it causes to the very root of the jurisdiction should not be allowed to be taken at the appellate stage, specially when it required the investigation into ..... of sub-section (1) of section 22 of juvenile justice act and similar provisions contained in children act, only prohibition was in respect of sentencing a delinquent child or juvenile on being found guilty to death or imprisonment, only sentence imposed against such relinquent child/juvenile was quashed, even without requiring such delinquent child or juvenile of being sent to a juvenile court for passing orders ..... however, in krishna bhagwan's case (supra) even though the full bench followed the ratio of gopinath'ts case (supra) that even if an accused does not take the plea of minority in course of his trial and takes such a plea for the first time at the appellate stage, he is entitled to the benefit of the children/juvenile law if he is found to be a child or juvenile, the bench prescribed altogether a new procedure to ..... court in the case of bhola bhagat (supra) are religiously followed by the court making inquiry lest an accused found guilty of committing serious offence gets the benefit of juvenile justice act on false plea of minority by producing fake and fabricated document of age. .....
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..... the matter was then put up for argument on 2nd february, 1998 and thereafter by his judgment dated 10th february, 1998 the learned trial court found the appellant guilty of the offence under section 302 of the indian penal code and section 27 of the arms act. ..... no doubt after framing charge under section 27 of the arms act the plea of the accused was recorded who pleaded not guilty and claimed to be tried. ..... the appellant has also been found guilty of the offence under section 27(3) of the arms act and has been sentenced to death on that count as well. ..... it cannot be denied that the appellant is guilty of having committed a heinous crime. ..... had been concluded in the case, the trial court framed a charge against the appellant under section 27 of the arms act on 23rd january, 1998 which was read over to the appellant to which he pleaded not guilty. .....
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..... the petitioner upon service of charge has submitted his reply to the enquiry officer partly explaining and party denying the charges vide his written statement of defence dated 8.12.2003 wherein he had taken a plea that he was not unauthorizedly absent and in fact has proceeded on leave after submission of leave application and further that theft during his absence of the cash drawn from bhabhua treasury was committed in ..... written statement of defence had conducted the departmental proceeding and had submitted his enquiry report holding that the charge against the petitioner of negligence and dereliction of duty was proved and his plea that he had proceeded on leave after getting it sanctioned was also not found to be correct. ..... primary health centre is also of no avail, inasmuch as the petitioner had taken these pleas by way of defence and therefore, he had to produce them by way of his defence ..... his further plea was that if during the period of his such leave a theft in his office at drugawati phc had committed in the night of 3rd/4th april, 2003 by some miscreants by breaking open cash box kept in the almirah, he could not have been held guilty of any negligence or dereliction of ..... his such lame excuse gets exposed from his own plea taken in the written statement of defence, which reads as follows:pawfd iz/kku fyfid jh fohkh'k.k jke us esjk vkosnu i= fuxzr iath ij pkus ds mijkur vlsfud 'ky; fpfdrld lg eq[; fpfdrlk ink0 ds dk;kzy; esa hkstk ugh fkk] vr% esus fnukad 1&4&03 ls .....
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..... when the charge against the accused-appellant-manik mukherjee was read over and explained to him, he pleaded not guilty and his plea is of complete denial of his involvement with the crime.9. ..... on trial manik mukherjee was found guilty of the charge under section 302 of the indian penal code for intentionally committing the murder of his wife swapna mukherjee, son jyotirmoy mukherjee and daughter indrani mukherjee alias rinku and considering the ..... a false plea was taken by the accused in that case and on that falsity of the plea of the accused, practically conviction was arrived at in the lower court but the apex court found that the chain of circumstances connecting the accused with the crime cannot be said to be proved beyond all reasonable ..... falsity of defence plea can be considered as an additional circumstance but this alone cannot, be to the advantage of the prosecution case but it remained the bounden duty of the prosecution to prove all chain of circumstances to finger towards the guilt of the accused ..... falsity of defence plea as has been held by the apex court cannot make the prosecution case to be proved. ..... when the charges were read over and explained to the accused persons, they pleaded not guilty. .....
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