Court : Patna
..... it is true that the case was registered on a wrong notion and wrong section of the indian penal code by the regular police agency as it was registered under section 161/120b of the indian penal code read with section 5(2) of the prevention of corruption ..... it is stated that the abetment as contemplated under section 12 of the prevention of corruption act related to the offence of abetment as contemplated under section 109 of the indian penal code and as per the statutory illustrations and examples being given, under section 109 of the indian penal code, it is submitted that when no offence of bribery is concluded, there remains no scope of charge of ..... state of maharashtra) wherein the apex court has granted acquittal to an accused under section 161 read with section 165a of the indian penal code and also under section 5(1)(d) and (2) of the prevention of corruption act. ..... 3 under section 161/120b of the indian penal code read with section 5(2) of the prevention of corruption act, 1947.thereafter the same was sent to the chief judicial magistrate, chaibasa with an application for issuance of non-bailable warrant of arrest as well as attachment and proclamation under section 82/83 of the code of criminal ..... other constable who had been trapped for receiving the bribe money, had been acquitted by the apex court on the plea that nothing could be related in evidence as to the money found in possession of the convicted constable, was towards the bribe to be paid to the other constable. .....
Tag this Judgment!Court : Patna
..... appellants suffered conviction under sections 304b/34, 498a and 201 of the indian penal code as well as under section 4 of the dowry prohibition act and have been sentenced to undergo rigorous imprisonment for life under sections 304-15/34 of the indian penal code, ri for one year each under sections 498a and 201 of the indian penal code and ri for six months under section 4 of the dowry prohibition act with a rider that the sentence shall run concurrently.2. ..... it is urged with stress that to bring the case within the ambit of section 304b of the indian penal code, the prosecution was not merely obliged to lead satisfactory evidence about unnatural death of the deceased in matrimonial home but it must be shown that the death of a woman had been caused by bum or bodily injury as death occurred otherwise, than under normal circumstances within seven years of her marriage and it is to be also shown that soon before her death she was subjected to cruelty ..... it is needless to say that to invoke penal provisions of section 304b of the indian penal code it is quite incumbent upon the prosecution to establish that there was proximity or nexus between torture inflicted on the deceased and her death for dowry related demand. .....
Tag this Judgment!Court : Patna
..... chapter ix (sections 161 to 171) of the indian penal code refers to offences relating to taking gratification by public servants in different kinds, violation of any law by public servants with intention or knowledge of the resultant injury to any person or framing an incorrect document by them or their unlawful engagement in trade, ..... of definition of 'dishonestly' under section 24 of the indian penal code, any act done with intention of causing wrongful gain to oneself or wrongful loss to another is said to do that thing dishonestly. ..... section 107a which came by amendment, by insurance (amendment) act, 1968 (act 62 of 1968), with effect from 1-6-69 reads as under :-- 'every whole-time chairman, whole-time director, auditor, liquidator, manager and any other employee of insurer shall be deemed to be a public servant for the purposes of chapter ix of the indian penal code'.it would appear on a plain reading of the section that, firstly, the status of public servant conferred on ..... lj 1905) (supra), the supreme court held that jupiter insurance company having been merged with the oriental fire and general insurance company, after nationalisation becoming part of the general insurance company of india, the officers/employees thereof are in the same position as officers/employees of life insurance corporation who are public servants within the meaning of section 12 of the ranbir penal code (akin to section 21 of the indian penal code) and therefore they are liable to be prosecuted .....
Tag this Judgment!Court : Patna
..... but while taking cognizance under the penal provision of copyright act and after the impugned order has been passed, a petition had been filed as has been stated in the bar that other section of the indian penal code as complained of must be added while framing charge against the petitioners and other accused ..... it has been stated that in the complaint petition alongwith penal provision of copyright act, allegations were also made under sections 420 and 467 and other penal provision read with section 120(b), ipc. ..... are concerned with the order which have been passed regarding the prayer of the discharge of the petitioner holding that charges should be framed under the said penal provision of copyright act read with section 120(b), ipc.8 ..... in that way, the learned court below has definitely committed error of law in asking the petitioner to be present on the next date for framing of the charge under the penal provision of copyright act read with section 120 (b) ..... (iii) the complainant barred by different provisions of sections 17, 19 and 30 together with section 63 of the copyright act and has got no authority or jurisdiction to lodge the complaint as he is neither the writer nor he has been authorised or licensed by the writer for the purpose of taking action under the copyright ..... on belief of statement of girish ranjan, the complainant alongwith girish ranjan enter into an agreement with the doordarshan kendra, patna, on 11.2.1998 for tele cast of the serial and the complainant took .....
Tag this Judgment!Court : Patna
..... having dealt with the allegations made in the complaint petition, it appears that no case is made out under section 420 of the indian penal code. ..... learned counsel for the petitioner submits that on the basis of the aforesaid allegations, no offence could be made out under sections 420, 406, 379, 323, 211, 210b of the indian penal code and the charges framed under these sections are erroneous. ..... 2214(c) of 2006 wherein the learned courts below have refused to discharge the petitioners for the offences under sections 420, 406, 379, 323, 211 and 120b of the indian penal code.3. ..... this court can take judicial notice of the fact that the disease is curable one and can be medically treated and, therefore, it cannot be said that on this ground, the petitioner had committed fraud or had done an act which can be penalized under the indian penal code.11. ..... the offence described above could not come within the definition of section 415 of the code of criminal procedure which defines cheating and it envisages firstly that there must be a fraudulent or dishonest inducement and secondly that there must be an intention at the time when the offence is committed. ..... 1 wherein the supreme court while dealing with this aspect of the matter has laid the law as to when criminal proceedings can be quashed by the high court in exercise of powers under section 482 of the code of criminal procedure.16. .....
Tag this Judgment!Court : Patna
..... to cruelty or harassment by her husband or any relative of her husband for, or in connection with, any demand for dowry, such death shall be called ..... at the same time the criminal judicial system demands that offenders of such cases should be punished under the penal provisions intended to combat such crimes.to curb the increasing number of dowry killing section 304b of the indian penal code was introduced which provides that 'where the death of a woman is caused by any burns or bodily injury or occurs otherwise than under normal circumstances within seven years of her marriage and it is shown that soon before her death she was subjected ..... all the accused persons were put on trial for the charges under section 304b of the indian penal code and section 4 of the dowry prohibition act which ultimately ended in the manner indicated above.5. ..... 9, rajendra prasad, have denied any knowledge about the occurrence and have been declared hostile by the prosecution but it is established from their evidence that the death of mira took place within 7 years of her marriage. p.w. ..... this witness has denied his knowledge about the cause of death of mira devi. p.w. .....
Tag this Judgment!Court : Patna
..... to the reasons best known to the informant at subsequent stage, the informant came out with a case of commission of offence under section 302 of the indian penal code and section 3 (x) of sc/st (prevention of atrocities) act. ..... at the same time, it cannot be considered that the petitioner was having any knowledge that while treating the patient for delivery, it would have caused death or any injury, which was likely to cause death. ..... of course, at this stage, this court may not notice to defence of the petitioner, but the fact remains that after delivery, at subsequent stage the patient died and, as such, it cannot be said that the petitioner had any intention for committing a crime. ..... it cannot be imagined that a qualified medical officer would have taken the case of delivery with an intention to causing death or causing such bodily injury, which was likely to cause death. ..... the petitioner told the informant that he will get the delivery done in his clinic and asked him to deposit rs.1400/- after the treatment rendered by the petitioner, the condition of the informant's wife become more serious. ..... sri akhileshwar prasad singh, learned counsel for the petitioner further submits that the informant on his own volition had come to the clinic of the petitioner for the purpose of delivery of his wife. ..... itself, the informant has categorically averred that he himself had brought his wife to the clinic of the petitioner for the purpose of delivery. .....
Tag this Judgment!Court : Patna
..... learned counsel for the petitioner contended that although no offence punishable under sections 408, 468, 420 and 120b, indian penal code and section 23 of the hire purchase act, 1972 was made out against the petitioner in view of the agreement executed by the complainant, in annexure-3, but the police submitted charge-sheet in the ..... of 1990 before the chief judicial magistrate, purnea and in that case the petitioner and some other accused were summoned to face trial under section 379 of indian penal code. ..... this is an application under section 482 code of criminal procedure for quashing the entire proceeding and the order dated 12.12.1991/5.2.1992 of the chief judicial magistrate, purnea, who summoned the petitioner for trial for offences punishable under sections 408, 468, 420 and 120b of the indian penal code and section 23 of the hire purchase act, ..... the investigating officer himself had come to the conclusion in course of investigation that it was at best a case of civil dispute and no criminal case in view of compromise order as contained in ..... was passed on the statement of the complainant himself that the dispute between the parties have been amicably resolved. ..... the petitioner is alleged to have assured the complainant that on payment of the entire instalments name of allahabad bank, calcutta would be deleted from the ..... to the complainant by sale letter dated 28.2.1988 with temporary registration number of the state of u.p. ..... complainant was playing hide and seek with the court. .....
Tag this Judgment!Court : Patna
..... section 304b/34 of the indian penal code and also under section 498a of the indian penal code and then under sections 3 and 4 of the dowry prohibition act (the act) and they have been sentenced to undergo rigorous imprisonment for 10 years under section 304b of the indian penal code; for three years rigorous imprisonment under section 498a/34 of the indian penal code, for six months rigorous imprisonment under section 3 of the act and for six years rigorous imprisonment under section 4 of the act read with section 34 of the indian penal code. ..... by referring to section 202 of the code of criminal procedure, the hon'ble supreme court held that section 306 of the indian penal code cannot be said to be a minor offence in relation to an offence under section 302 of the indian penal code and as such when there is no charge under section 306 of the indian penal code and charge was only under section 302 of the indian penal code, then the conviction under section 306 of the indian penal code for suicidal death and abatement thereof was bad in the ..... was that the charges framed under section 302/34 of the indian penal code cannot analogously go with the charges under section 304b/34 of the indian penal code. ..... prosecution, when manju madalani became unconscious due to assault on her by the accused persons, this mantu mandal had treated her but now he has sided with the accused persons and stated that he had no knowledge about any such incident and he had never treated manju madalani. d.w. .....
Tag this Judgment!Court : Patna
..... at the same time, aggrieved by the fact that the accused-appellants herein have not been convicted under section 302 of the indian penal code and had not been adequately punished, the informant, lalan singh (p.w.3), has come to this court with criminal revision, which has given rise to criminal revision no. ..... 67 of 1997, under sections 147/148/341/ 323/ 307 read with section 149 of the indian penal code, was registered against the informant, lalan singh (pw 3), the said deceased and others and that the case, so lodged against the informant, the said deceased and others, gave rise to sessions trial no. ..... following their conviction, as mentioned hereinbefore, under section 304 (part-ii) read with section 149 of the indian penal code, all the accused-appellants have been sentenced to undergo rigorous imprisonment for a period of ten years each and to also undergo, for their conviction under section 341 of the indian penal code, simple imprisonment for a period of one month each. ..... 36 of 1998 which has been treated as the cross case, it is noticeable that apart from lalan singh and saroj singh (who are prosecution witnesses in the present case), horil singh, bachcha singh @ vijay singh, kamta singh and shivjee singh have been convicted under various penal provisions including sections 147, 148, 323 and 307 of the indian penal code for having assaulted and injured the accused-appellants, awadh bihari yadav and jai ram .....
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