Judgment Search Results Home > Cases Phrase: indian penal code 45 of 1860 section 250 delivery of coin possessed with knowledge that it is altered Page 35 of about 372 results (0.202 seconds)

K.Muthu Mariappan Vs. The State Rep by the Inspector of Police,

Court : Chennai

..... it is the contention of the learned counsel for the appellant that the offence under section 366(a) of the indian penal code would be made out, if only the accused had kidnapped her with an intention to force or seduce her to have illicit intercourse with another person. ..... the learned additional public prosecutor would further submit that though it is true that the charge framed was under section 366 of the indian penal code and he was convicted under section 366(a) of the indian penal code, the same has not caused any prejudice or miscarriage of justice. ..... a plain reading of section 366(a) of the indian penal code would make it clear that the person kidnapping and the person with whom a minor girl is forced or seduced to have sexual intercourse should be two different persons. ..... therefore, he altered the case into one under section 366(a), 376 of the indian penal code and section 4 of the pocso act. ..... on 23.05.2014, he again altered the case into one under section 366 of the indian penal code and section 4 of the pocso act and forwarded a report to the learned judicial magistrate, under ex-p10. ..... it is common knowledge that the major offence is the one, which is made out of more particulars, which includes a minor offence, which is made out of only some of the said particulars. ..... s.nagamuthu, j.nb pre-delivery judgment made in criminal appeal (md).no.98 of 2015 12.06.2015 .....

Soma Roy Vs. State of Jharkhand

Court : Jharkhand

..... so far as charge of section 307 indian penal code is concerned and now diluted to section 323 indian penal code, may be turns out to be irrelevant, after upholding the conviction of the accused under section 302 indian penal code, but for our satisfaction, we have seen the medical evidence and find that he has been rightly convicted for section 323 indian penal code as the injury on the person of p.w.4 somnath soy (injured witness) turned out to be simple in nature caused by ..... , this argument, perhaps, has no substance as the very case set up by the prosecution itself is that the first informant and his brother p.w.4 somnath soy, after receiving the information that the accused had assaulted bijay soy, reached the house of the accused and then noticed the dead body lying in the house of the accused and the accused also present with blood stained axe. ..... the allegation against the accused is that on 18th december, 1999, he committed the murder of bijay soy by severing his head with an axe behind his house and took away the severed head of bijay soy inside his room located at the 2 backside of his house and kept in front ..... he deposed that at the time of occurrence he was in his house, when choreya soy came to him and told that accused had murdered bijay soy, then he along with p.w.5 pradhan soy went to the place of occurrence where they saw the accused ..... witness of the prosecution and at the same time a very natural witness, who along with his brother went to the house of the accused. .....

Ratnakar Jha Vs. Krishna Sewak Agarwal and ors.

Court : Mumbai

Reported in : 1954CriLJ555

..... that as the article of the 27th october 1952 was part of the subject-matter of the petitioner's complaint under section 500 of the indian penal code, the high court could not deal with it in these proceedings was based on section 2(3) of the contempt of courts act (now section 3(2) of act 32 of 1952-ed) which is in these terms:no high court shall take cognizance of a contempt alleged to have been committed in respect of a court subordinate to it where such contempt is an offence punishable under the indian penal code ..... the 31st october 1952 the case against the petitioner under section 325 of the indian penal code was challaned, and on the 10th november 1952 the following matter appeared in the 'zindgi':a public prosecutor is a government servant'to - the editor,'if the government themselves start a case against public prosecutor, government should remove that pleader from that post till the decision of the case because a public ..... is taken unless the contempt is substantial, but the contempt even in this article was not by any means pusillanimous, and the article in effect contained, an assertion that the petitioner was liable for the commission of an offence punishable under section 325 of the indian penal code, although that was the issue for eventual determination by the court. ..... of india air 1939 mad 257 (c), in which it was held that to comment on proceedings which are imminent but not yet launched in court with knowledge of the fact is as much a contempt as comment on a ..... 250 .....

Ashok Mishra Vs. the State of M.P.

Court : Madhya Pradesh

..... the learned trial judge observed, and in my opinion rightly, that it's not only requisite intention which makes an accused liable under section 307 of the indian penal code, but it's his knowledge also, which is important. ..... appellants have filed this appeal against the judgment dated 21.6.1996 passed by fourth additional sessions judge, jabalpur in sessions trial no.252/1993, convicting the appellants under sections 307/148, 323/148 and 324/148 of the indian penal code and sentencing them to rigorous imprisonment for three years with fine of rs. ..... after sincerely appreciating the evidence of injured eye witnesses in the light of medical evidence adduced by the prosecution, i am of the opinion that learned trial judge committed no error in holding that appellants assaulted surendra (pw2), ramswaroop (pw3) and jawahar (pw5) with sharp edged as well as hard and blunt weapons and caused injuries to them.15. ..... in the circumstances of the case in hand, in my opinion, it remains in the region of suspense whether appellants intended or knew that by their acts they would cause the death of ramswaroop, therefore, it would be preferable to hold that they intended to cause hurt to ramswaroop with deadly weapons making them liable to be punished under sections 324 or 324/149 of the indian penal code.16. ..... if from the circumstances it could be inferred with certainty that assailant knew that under those circumstances if he by his act caused (10) cr.a.nos. .....

Apparao Rajaram Pund and Others Vs. the State of Maharashtra

Court : Mumbai Aurangabad

..... is further the submission of the learned counsel for the appellants that the learned judge of the court below has erred in convicting the appellants under section 302 of the indian penal code with the aid of section 149 of the indian penal code, in as much as, according to them, there was no evidence brought on record by the prosecution in order to substantiate that the incriminating act was done to accomplish the object of unlawful assembly and it was within the knowledge of each of the member of the said unlawful assembly. ..... according to them, the appellants at the most can be guilty of attempting to get the cattle shed in their possession from the possession of madhavrao and during that process the unfortunate incident has happened, and therefore, the death of savitrabai, according to them, is not a culpable homicide amounting to ..... the prosecution case further proceeds that accused no.1 apparao, who was possessing bottle containing kerosene, splashed the same in the entire cattle shed and then accused no.4 sachin set cattle shed on fire, due to which savitrabai also caught fire and when pw3-madhavrao attempted to enter ..... the said object to get vacated the land from the lawful possession of the person by using force was clearly an unlawful act. ..... further version is that apparao was possessing the bottle containing kerosene ..... clearly shows that the common object of the unlawful assembly was to get the cattle shed vacated at any cost, which was in lawful possession of madhavrao. .....

Gita Devi and Ors. Vs. State of Jharkhand

Court : Jharkhand

..... the court further held that there is no need to impose any fine upon convict sudama thakur and shiv kumar thakur under section 367 of the indian penal code.2. ..... the guardians were had full knowledge about employment of their wards at mirzapur . ..... prosecution has proceeded on the premise that children were taken away without the consent of their guardian but the evidences have been adduced that the guardians were knowing his engagement of their sons with the factory of appellant no.3. ..... the court below has failed to consider the fact that the boys were not taken by the appellant rather they had themselves went there for getting training of carpet weaving with the consent of their guardians and there was no ill treatment with any of them. ..... in this case, and even otherwise it is not safe to rely on the evidence of the sole eyewitness, who had taken the deceased with him, and who himself is an accused in a murder case. ..... so far non-supply of proper food, long working hours coupled with torture, the convicts have connived with each other and took the 6 cr. ..... lastly, he submitted that the formal charge is not in accordance with law as the persons named therein and other victims is missing. ..... appeal no.437 of 2001 thana and with the help of patan police children who were lodged at mirzapur, could be released. ..... therefore, the judgment of conviction is vitiated and not in accordance with provisions of law.6. .....

Kirtanram Mansai Uranv Vs. State of Madhya Pradesh (Now Chhattisgarh)

Court : Chhattisgarh

..... alternatively, learned counsel also argued that the act of the appellant would not be punishable under section 302 of the indian penal code, even after admitting the entire case, the appellant would be liable for punishment under either part of section 304 of the indian penal code. 4. ..... even if the accused establishes unsoundness of mind, section 84 of the indian penal code will not come to its rescue, in case it is found that the accused knew that what he was doing was wrong or that it was contrary to law. ..... jain, learned counsel for the appellant submitted that the appellant being a person of unsound mind at the time of commission of the offence, his act comes within general exception provided under section 84 of the indian penal code, hence, the appellant deserves to be acquitted. ..... whether the offender had intention to cause such bodily injury, which in the ordinary course of nature was sufficient to cause death, the divorce factors need to be kept in mind such as the force with which the blow has been dealt with, the type of weapon used, the vital organ or the particular spot of the body targeted, the nature of the injury caused, the origin and genesis of the crime and the circumstances ..... it is immaterial whether the offender had knowledge that an act of that kind will be likely to cause death. ..... the offenders subjective knowledge of the consequence is irrelevant. .....

Jham Singh Pawar Vs. the State of M.P.

Court : Madhya Pradesh

..... learned counsel for the appellant next submitted that the conviction of appellant under section 302 of (11) cr.appeal 2156/2000 the indian penal code was not justified as the appellant was in love with deceased and that upon a sudden quarrel he set fire to deceased because deceased, who was a married woman insisted him to keep her as ..... apex court brought down the offence from the first degree murder to culpable homicide not amounting to murder and altered the conviction of accused/appellant from section 302 of the indian penal code to section 304 part ii of the indian penal code. ..... hand, shri amit pandey, learned panel lawyer for the state submitted that the guilt of appellant under section 302 of the indian penal code was well established by the evidence of two dying declarations. ..... -air 200.sc 3630.he submitted that the conviction of appellant under section 302 of the indian penal code was not justified. ..... ) per: rakesh saksena; j.appellant has filed this appeal against the judgment dated 29th june, 2000, passed by first additional sessions judge, seoni in sessions trial no.119/99, convicting the appellant under section 302 of the indian penal code and sentencing him to imprisonment for life.2. ..... we, therefore, alter the conviction of appellant from section 302 of the indian penal code to section 304-part ii of the indian penal code and impose a sentence of rigorous imprisonment ..... had ever intended her to die, he would not have altered his senses to bring water in an effort to rescue her .....

The State of Maharashtra, through Police Station Kadim Jalna and Anoth ...

Court : Mumbai Aurangabad

..... before the new code of criminal procedure both alternative sentences provided in section 302 of the indian penal code were normal sentences but position is now modified by section 354(3) of the code of criminal procedure which mandates the courts convicting a person for an offence punishable with death or in the alternative with imprisonment for life or any other term of imprisonment not to impose sentence of death on that person unless there are special reasons ? ..... by the very same judgment and order accused was also convicted for the offences punishable under sections 363, 376 and 377 of the indian penal code and sentenced as under convicion under sectionsentence363rigorous imprisonment for one year and fine of rs.500 i/d rigorous imprisonment for 3 months376imprisonment for life and fine of rs.500 i/d rigorous imprisonment for 6 months377rigorous imprisonment for 10 years and ..... section 106 of the indian evidence act provides that when any fact is specially within the knowledge of any person, the burden of proving that fact is upon him. ..... it lays down the rule that when the accused does not throw any light upon the facts which are specially within his knowledge and which could not support any theory or hypothesis compatible with his innocence, the court can consider his failure to offer an explanation as an additional link which completes the chain of circumstances. 29. .....

Ramdeo and Others Vs. The State of Maharashtra and Others

Court : Mumbai Aurangabad

..... of 2011 and 85 of 2012 by original complainant and state respectively, questioning acquittal of original accused nos.1 to 3 for offences punishable under sections 302 498-a read with section 34 and section 120-b of indian penal code and of accused no.4 under sections 302 498-a read with section 34 of the indian penal code stand dismissed. ..... criminal appeal no.437 of 2011 is concerned, the same is preferred by appellant/original accused no.1 ramdeo, who is convicted vide section 235 (1) of the code of criminal procedure, for an offence punishable under section 302 of the indian penal code and sentenced to suffer imprisonment for life and to pay fine of rs.25,000/-, in default to suffer simple imprisonment for six months ..... above referred evidence brought on record, the learned trial court initially decided the aspect of criminal conspiracy, so as to ascertain commission of an offence punishable under section 120-b of the indian penal code and upon analysis of the evidence, gave finding that the prosecution has failed to establish that accused nos. ..... also required to be considered in the background of the fact as regards the burden to be discharged by the prosecution, so as to establish that the fact was especially within the knowledge of the accused and the inability of the prosecution to prove the said fact. ..... admission made by the prosecution witnesses, the high court, in our opinion, committed a serious error in arriving at a conclusion that he did not possess any land whatsoever. mr. .....