Judgment Search Results Home > Cases Phrase: indian penal code 45 of 1860 section 250 delivery of coin possessed with knowledge that it is altered Court: madhya pradesh

Sibbu Munnilal Vs. State of Madhya Pradesh

Court : Madhya Pradesh

Reported in : AIR1968MP97; 1968CriLJ631

..... this in turn raises the question whether an offence under section 302 of the indian penal code can be said to be 'any offence punishable with imprisonment' within the meaning of the aforesaid definition.section 53 of the indian penal code tells us that there are five kinds of punishments to which offenders are liable under the provisions of the code, -- first, death: secondly, imprisonment for life: thirdly, imprisonment (rigorous or simple); fourthly, forfeiture of property; and fifthly, fine. ..... extracts of the decision in rama's case (1908) 4 nag lr 180 quoted above, it is clear that the learned additional judicial commissioner proceeded on the view that if an accused convicted of an offence punishable under section 302 of the indian penal code is excluded from the definition of a 'youthful offender' in section 4(a) of the reformatory schools act on the ground that the punishment prescribed under that section is not only transportation but death as well, then in that case offenders convicted of offences, wherein the punishment of transportation or imprisonment is prescribed but ..... in india it is still part of the penal system, but acts passed since the penal code have effected so radical a change in the law relating thereto that, whatever may have been the case in 1860, section 58 can no longer be construed as providing only for the transitory detention of prisoners awaiting conveyance to a penal settlement outside india. .....

Chitoolal Ramswaroop Rathore Vs. State of Madhya Pradesh

Court : Madhya Pradesh

Reported in : 1992(0)MPLJ793

..... for the offence of attempted murder punishable under section 307 of the indian penal code it is necessary for the prosecution to prove that the accused had one of the four special mens rea mentioned in section 300 of the indian penal code which defines murder.18. ..... gulam meer, air 1956 mb 141 has been referred to and deferring from the view therein taken it has been held that section 71 of the indian penal code would have no application and sentence can be imposed in respect of offence under section 279 as also under section 338 of the indian penal code.25. ..... all considered i am of the view that the appellant's conviction under section 307 of the indian penal code is clearly not sustainable on the material on record. ..... section 279 of the indian penal code deals with rash or negligent driving and section 338 ibid deals with rash or negligent act. ..... on a careful consideration of the prosecution evidence coupled with that of admission by the appellant that there was collision i hold that the appellant's bus had dashed against the cycle which kishan rao was riding. ..... on the question of sentence, the contention of the appellant's learned counsel is that as the occurrence is an old one, and the appellant already has had a taste of jail life in connection with the crime, it is not in the interest of justice that he should be sent back to prison. .....

Ganeshgir S/O Sukhagir and anr. Vs. the State of Madhya Pradesh

Court : Madhya Pradesh

Reported in : AIR1966MP311; 1966CriLJ1273

..... the petitioners contended before me, as was unsuccessfully contended in the courts below, that their prosecution under section 304a, indian penal code, is incompetent, since the negligence attributed to them is made punishable under the mines act which being a special law excludes the operation, if any, of the indian penal code. ..... order made thereunder (other than an order made under sub-section (1a) or sub-section (2) or sub-section (3) of section (22), shall be punishable--- (a) if such contravention results in loss of life, with imprisonment which may extend to two years, or with fine which may extend to three thousand rupees or with both; or (b) if such contravention results in serious bodily injury, with imprisonment which may extend, to one year, or with fine which mav extend to three thousand rupees or with both; or (c) if such contravention otherwise causes injury or danger to persons employed ..... as regards ventilation, sanitation the presence of gases, the state of the roof and sides, and generally so far as the safety of the persons is concerned: provided that in the case of a mine to which regulations 122(2) and 144 apply such inspection shall be made with an approved flame safety lamp; and that in the case of a district to which regulation 122 (2) applies, a cage containing suitable birds or other means of detecting carbon monoxide gas approved by the chief inspector .....

Rajendra Agrawal Vs. State of Madhya Pradesh

Court : Madhya Pradesh

Reported in : 1991(0)MPLJ1011

..... in the instant case, on the admissible material on record, it appears that the applicant by practising deception induced delivery of goods and, therefore, the opinion of the learned magistrate that there is ground for presuming that the accused has committed an offence under section 420, indian penal code cannot be faulted. ..... 157 of 1986 whereby he has held that the case for charge under section 420, indian penal code has, prima facie, been made out.2. ..... it was urged that it is clear from the course of transactions, that mens rea from the very inception cannot be imputed to the petitioner and, therefore, no offence under section 420, indian penal code is constituted.10. ..... sections 238 to 243 in chapter xix of the criminal procedure code, 1973 (for short 'the code') deal with the trial of warrant cases by magistrates in relation to cases instituted on police report. ..... section 239 deals with discharge and section 240 deals with framing of charge.13. ..... sharma lodged a written report dated 17-12-1986, with the industrial area police station, dewas that the applicant who carries on business in the name and style of m/s. ..... registered letters addressed to him were returned with the endorsement either 'refused' or 'factory closed'. ..... the impugned order does not deserve to be interfered with in exercise of the revisional jurisdiction.25. ..... where the act is coupled with mens rea a crime is properly constituted. ..... in accordance with the agreement aforesaid, materials were supplied against hundis. .....

Heeralal and 2 ors. Vs. State of Madhya Pradesh

Court : Madhya Pradesh

Reported in : I(1995)DMC516

..... for the purposes of this section 'dowry death' shall have the same meaning as in section 304b of the indian penal code (45 of 1860).22. ..... when the question is whether a person has committed the dowry death of a woman and it is shown that soon before her death such women had been subjected by--such person to cruelty or harassment for, or in connection with, and demand for dowry, the court shall presume that such person had caused the dowry death.explanation. ..... in this context, it is note-worthy that no evidence in defence has been led to indicate that the marriage of pushpa was solemnized with kanchhedilal prior to the period of seven years from the date of her death.12 ..... when bharat singh came to village along with police officials, they found that the accused had already cremated the dead body of pushpa ..... it is correct that there is no evidence in the present case that dowry was settled in the marriage of pushpabai with kanchhedilal and the accused-appellants were demanding the said dowry which was settled in the said ..... has been argued for the accused-appellants that there is absolutely no evidence available on record to establish that any dowry was settled in the marriage of pushpa with kanchhedilal. ..... , the only, inference from the said circumstances would be that pushpa met with a suicidal death. ..... has also been held that pushpabai had committed suicide within 7 years of her marriage with kanchhedilal. ..... it is established that pushpa died within 7 years of her marriage with kanchhedilal. .....

Surendra Kumar JaIn Vs. Rajkumari and ors.

Court : Madhya Pradesh

Reported in : 1993(0)MPLJ712

..... the additional sessions judge-by the impugned order had therefore rightly interfered with that order by setting it aside and directing further inquiry, although the additional sessions judge should not have gone further to put any impediment on the judicial discretion to be exercised by the lower court by making any direction, and particularly the direction with regard to the offence under section 498a, indian penal code, which is not an ex post facto penal provision. ..... there appears to be no ground to interfere with the impugned order of learned additional session judge, dated 1-10-1990, except that the direction contained therein given to the chief judicial magistrate with regard to offence under section 498a, indian penal code, is set aside. ..... , vidisha, for further inquiry, observing that it was improper to have discharged accused persons and further observing that offence under section 498a, indian penal code was also disclosed from the evidence and directing that it might be considered, if charge under that offence too deserved to be framed against accused nos. 1 to 3, i.e. ..... he too admitted that he got hearsay knowledge that the petitioner had contracted a second marriage with accused sudha jain. ..... she had however only hearsay knowledge about alleged second marriage between the petitioner and accused sudha jain. .....

Muhammad HussaIn Bhai and anr. Vs. State of Madhya Pradesh

Court : Madhya Pradesh

Reported in : (1960)IILLJ664MP

..... at ujjain, were in those complaints charged under three counts:(i) under section 406, indian penal code, for criminal breach of trust in respect of amounts deducted during the months, january, february and march 1953, from the wages of their employees as contribution to the employees' provident fund, which the accused employers retained themselves and failed to deposit into the fund (actually it is alleged that this is the position during the whole year 1953, but the ..... alleged have not been disputed before the magistrate so that we have to proceed on the assumption that they are prima facie true, and see if that constitutes the offences respectively under section 406, indian penal code, and paras. ..... (c) would not be hit by article 20(1), certainly, this argument has no application whatsoever to the prima facie case under section 406, indian penal code, which, in any view of the matter, should have been inquired into and investigated.17. ..... regard to the charge under section 406, indian penal code, there is no difficulty whatever ..... soon as the prohibitory legislation comes into force, the possession of liquor even though it may have commenced before that day, may become a punishable offence. ..... a similar question arose before the high courts of patna and calcutta in connexion with the construction of creches and bathrooms as provided in the mines creche rules and the coal mines pithead bath rules of ..... the possession of liquor till the coming into force of prohibitory legislation may not be .....

Sumati Jain, Vs. the State of Madhya Pradesh Through the Police Statio ...

Court : Madhya Pradesh

Reported in : 2009(3)MPHT495

..... for proof of the charge of offence under section 304-b of the indian penal code it is necessary that it should be established that the deceased woman was harassed or subjected to cruelty by her husband and relative of her husband for or in connection with any demand of dowry and such cruelty or ..... 748/01 convicting them under section 304-b of the indian penal code and sentencing them to rigorous ..... in the explanation attached to section 498-a of the indian penal code, which provides:explanation. ..... section 304-b of the indian penal code provides ..... or taunting by the accused persons, but it could not have been taken to form the cruelty in terms of section 498-a of the indian penal code. ..... 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 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 'dowry death', and such husband or relative shall be deemed to have caused her death ..... this section, 'dowry death' shall have the same meaning as in section 304-b of the indian penal code (45 of 1860). ..... that a court may presume that a man who is in the possession of goods 'soon after the theft', is either the thief, or has received the goods knowing them to be stolen, unless he can account for its possession ..... she had no knowledge as to who were present in the house .....

Rajendra Kumar Pate Vs. Union of India (Uoi) and ors.

Court : Madhya Pradesh

Reported in : 1996(0)MPLJ580

..... report from the civil authorities, it came to the knowledge that the petitioner, on the specific question put to him, suppressed the true information and answered that he is not involved in any criminal case, while on verification it revealed that the petitioner was arrested and charge sheet was filed against the petitioner in the court of judicial magistrate first class, rewa for the offences under sections 147, 451, 294, 506 and 323 of the indian penal code, registered at crime no. ..... if after complying with the provisions of section 13, the enrolling officer is satisfied that the person desirous of being enrolled fully understands the questions put. ..... therefore, at the time of attestation as prescribed under section 17 of the act, the petitioner was not attested and reported as fit for duty and was discharged vide annexure g, by the commanding officer in accordance with item (iv) of table annexed to rule 13(3) of the rules.3. ..... it is for this reason that commission, appointment and enrolment is made with the strict compliance of the provisions contained in chapter iii of the act of which section 13 prescribes the procedure before the enrolling officer which lays down that upon the appearance before the prescribed enrolling officer of any person desirous of being enrolled, the enrolling officer shall read and explain to him, or cause to be read and explain to him in his presence the conditions of .....

Bhuria and ors. Vs. the State of M.P.

Court : Madhya Pradesh

..... it is true that appellants in the case in hand have been convicted under section 302 read with section 149 of the indian penal code, but if the evidence of complainant sudhir singh (pw-4) is carefully scrutinized, it can be seen that in the first information report he attributed no weapons to ..... appeal against the judgment dated 19.12.2003, passed by first additional sessions judge, chhatarpur, in sessions trial no.127/1992 convicting them under sections 302/149 and 148 of the indian penal code and sentencing them to imprisonment for life with fine of rs.2000/- and rigorous imprisonment for three years with fine of rs.500/-, on each count respectively.2. ..... hereinabove, conviction and sentence of appellant no.1 bhuria, no.3 abbu, no.5 natthu, no.7 prakash and no.8 chhota on the charge under sections 148 and 302/149 of the indian penal code deserves to be and is hereby set aside. ..... of dojya moshya bhil (supra) the apex court while considering the liability of appellants 2 and 3 in the case observed that even though they came unarmed when they chased deceased with appellant 1, who was armed with a dharya a weapon of cutting and pelted stones, an inference of common intention being formed on the spur of moment cannot ..... incidental to the common object is committed to accomplish the common object of the unlawful assembly it must be within the knowledge of other members as one likely to be committed in prosecution of the common object. ..... on recovered from the possession of accused rajaram.15. .....