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Surendra Chauhan Vs. State of M.P.

Court : Supreme Court of India

Reported in : AIR2000SC1436; 2000(1)ALD(Cri)869; 2000CriLJ1789; JT2000(3)SC507; 2000(2)MPHT421; RLW2000(2)SC340; 2000(2)SCALE513; (2000)4SCC110; [2000]2SCR515; 2000(2)LC898(SC)

..... death caused by act done with intent to cause miscarriage. ..... chauhan took alpana to the clinic of sharma with intent to cause her miscarriage and then her death was caused by sharma while causing abortion, which act was done by sharma in furtherance of the common intention of both sharma and chauhan, there is no escape from the conclusion that chauhan had been rightly convicted under sections 314/34, ipc.16. ..... -whoever, with intent to cause the miscarriage of a woman with child, does any act which causes the death of such woman, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine; if act done without woman's consent. ..... (1) notwithstanding anything contained in the indian penal code, a registered medical practitioner shall not be guilty of any offence under that code or under any other law for the time being in force, if any pregnancy is terminated by him in accordance with the provisions of this act. ..... appellant surendra chauhan (chauhan) has been convicted for ah offence under sections 314/34, indian penal code (ipc) and sentenced to undergo rigorous imprisonment for seven years and a fine of rs. ..... sharma is not a medical practitioner, who possesses any recognised medical qualification as defined in clause (h) of section 2 of the indian medical council act, 1956, whose name has been entered in a state medical register and who has any experience or training in gynaecology and obstetrics.5. .....

Ramchandra Rabidas Alias Ratan Rabidas Vs. State of Tripura

Court : Guwahati

..... it was also contended on behalf of the state that since the punishments for rash and dangerous driving provided under sections 183 and 184 of the mv act do not comprehend causing of hurt or death of any person there is no illegality or impropriety in punishing the guilty drivers under section 337/338/279/ and 304a of the indian penal code. ..... if section 279 of the indian penal code is read harmoniously together with sections 182 and 184 it would appear that virtually all these penal provisions are synonymous which relates to rash and negligent driving, endangering human lives. ..... (i) whether resort to the provisions of indian penal code, 1860 for prosecuting and convicting persons for committing offences of road traffic accidents is legal and justified? ..... trial of offences under the indian penal code and other laws- (1) all offences under the indian penal code (45 of 1860) shall be investigated, inquired into, tried, and otherwise dealt with according to the provisions hereinafter contained. ..... in the light of foregoing discussions made herein above, i am of the view that the prosecution of road traffic offenders under various penal provisions of motor vehicles act is the rule and the prosecution of such guilty persons under various provisions of indian penal code is violative of the settled principles of law as well as contrary to the legislative intent. ..... he must then do so as they would have done. .....

Ram Chatterjee and anr. Vs. Smt. Tapati Mukherjee and anr.

Court : Kolkata

Reported in : (2002)3CALLT208(HC)

..... on analyzing the evidence on record, the court held, that the injuries as were inflicted upon the vital part of the body would be considered as fatal injuries with intention of causing death within the parameters of the word 'murder' as stipulated in section 25 of hindu succession act, 1956, irrespective of acquittal in the charge of murder under section 302 of indian penal code by the criminal court. ..... , reported in : air1977delhi97 wherein the single judge of delhi high court held that after acquittal of a person in the charge of murder under section 302 of indian penal code, there was no scope to reopen the matter by a civil court in adjudicating the proceeding to disqualify such acquitted person to inherit the property in terms of section 25 of hindu succession act, 1956, is distinguishable on its special facts of that case. ..... 1 therein who was convicted with offence punishable under section 304 of part-i of indian penal code namely for the offence of culpable homicide. ..... on a simple reading of the statute it is clear ex facie that before passing any declaration disqualifying a person to inherit a property in terms of section 25 of the said act, there must be an adjudication that the person committed murder and/or abated such commission of offence and such adjudication never has been said to be done by the criminal court as submitted by the learned advocate of the petitioner. .....

D. Pandu Vs. General Manager, Central Warehousing Corporation and ors.

Court : Andhra Pradesh

Reported in : 2006(2)ALD817; 2006(2)ALT614

..... the question that falls for consideration in a criminal case as to whether the charged person is guilty of offence punishable under indian penal code or any penal statutes for the time being in force, whereas in a departmental enquiry what is required to establish is as to whether the employee ..... ambati srinivasulu's case (supra), a division bench of this court held thus:one of the facets of the rules of natural justice is that all judicial, quasi-judicial and even administrative authorities who are entrusted with the task of deciding us between the parties or passing order which affects the rights, interest or status of a person must record reasons in support of their findings and conclusions and such reasons should be communicated ..... in any event, as it has been held by the criminal court that the appellant was not guilty of the charge of causing death, and he had not been acquitted on the ground of benefit of doubt, we fail to understand as to how despite the said finding of competent court of law, the reputation of the respondent ..... learned counsel would also refer to regulation 65 in support of his contention that where two or more employees are involved in similar acts of misconduct, the competent authority should direct that a common enquiry be conducted and since in the present case, no such common enquiry was held, the entire enquiry proceedings were ..... class magistrate, suryapet, under sections 457 and 381 i.p.c. ..... this may be done in cases of grave nature involving complicated .....

Munilal Thakur and Indrajit Show @ Sikka Vs. State of West Bengal

Court : Kolkata

Reported in : 2008(3)CHN1034

..... from the legal punishment of murder and thereby committed an offence punishable under section 210/34 of the indian penal code, and within my cognizance.2. ..... offence punishable under section 302/34 of the indian penal code, and within my cognizance.secondly- that you, in the aforesaid night and at the aforesaid place, in furtherance of your common intention having reason to believe that an offence like murder punishable to death or life imprisonment, committed by you, did cause certain evidence to disappear by way of hiding the deadbody of raj kumar thakur under bricks at the under constructed roof (2nd floor) of the house of pannalal nunia with an intention of screening yourself ..... reminded of the following wholesome advice rendered by edmund burke:all persons possessing a position of power ought to be strongly and awfully impressed with an idea that they act in trust and are to account for their conduct in that trust to the one great master, author and founder of the society.21. ..... learned advocate appearing in support of the appeal submitted that there has been gross miscarriage of justice.18. mr. .....

State of M.P. Vs. Bhagirath

Court : Madhya Pradesh

Reported in : 2003CriLJ4608; 2003(2)MPHT520; 2003(2)MPLJ462

..... , the learned counsel appearing for the respondent submitted that the legislature in its wisdom has left it to the discretion of the court to punish a person for an offence under section 304a of the indian penal code, either with imprisonment or with fine or both. ..... a charge for an offence punishable under section 304a of indian penal code was framed against the respondent who pleaded guilty to the charge where upon learned trial magistrate convicted the respondent for the aforesaid offence and imposed a ..... offence under section 304a of the indian penal code is a traffic violation that cannot be bartered by the courts by awarding ..... question as to whether the sentence passed on accused should be enhanced, one has to consider whether the rash and negligent act of the accused which occasioned the death showed callousness on the part of the respondent as regards the risk which he was exposing. ..... appellant/state has filed this criminal appeal under section 377(1) of the code of criminal procedure against the sentence imposed by the judicial magistrate first class, bedhan, upon the accused/respondent as per the judgment and order dated 28-4-92 passed in ..... i am aware that prejudice in case of an offence under section 304a of ipc is bound more or less to reflect on the question of culpability of the accused and give rise to false issues which tend to cloud judicial vision but the task of keeping out the prejudice has ..... the death report the cause of death was cardio respiratory arrest caused by .....

Sibbu Munnilal Vs. State of Madhya Pradesh

Court : Madhya Pradesh

Reported in : AIR1968MP97; 1968CriLJ631

..... 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 addition or alternatively the punishments ..... the fact, therefore, that a sentence of 'imprisonment for life' can be awarded for an offence under section 302 of the penal code cannot warrant its being called an offence 'punishable with imprisonment' if it were the intention of the act to include within the ambit of the expression 'punishable with imprisonment' all offenders against whom a sentence of imprisonment had been passed irrespective of the nature and gravity of the offence of which they had been convicted, it could well have more simply defined ..... 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. .....

Ram Nandan Vs. State

Court : Allahabad

Reported in : AIR1959All101; 1959CriLJ1

..... their lordships further emphasised that section 295a of the indian' penal code punished an aggravated form of insult to religion when it is perpetrated with the deliberate and malicious intention of outraging the religious feelings of ..... the execution of their policy, by persons untrained in public speech becoming criticism of the government as such & if such criticism without having any tendency in it to bring about public disorder, can be caught within the mischief of section 124-a of the indian penal code, then that section must be invalidated because it restricts freedom of speech in disregard of whether the interest of public order or the security of the state is involved, and is capable of striking at the very root of the constitution which is ..... same way, it could be said that there would be many acts of disaffection which would not tend to cause public disorder or would not have a calculated tendency to cause public disorder, and yet be caught by section 124-a of the indian penal code. ..... wide interpretation on the term 'government' it was argued on behalf of the state that even a vilification of the members of the legislature or of ministers as such if done on a wide scale, might result in the excitation of bad feelings towards the government of which, they are a part. ..... however, omitted from the body of the, indian penal code when it was passed as act xlv of 1860. ..... imposed on deaths and births. ..... california, (1940) 314 us 252 (262) : 86 law ed 192(203) : 62 sct 190 : 159 alr 1346 ( .....

R.S. Sodhi and anr. and Vs. Partha Pratim Saikia

Court : Guwahati

Reported in : [2009]151CompCas583(Gauhati)

..... of the affairs of the company and in control thereof has been made vicariously liable for the offence committed by the company along with the company but even in a case falling under section 406 of the indian penal code, 1860, vicarious liability has been held to be not extendable to the directors or officers of the company.147 ..... american jurisprudence 2d states that there is conflict of judicial opinion as to whether a specific or malicious intention may be imputed to the corporation on behalf of which an act is done in order to render it criminally responsible therefor; but in most cases, it has been held that a corporation may be indicted for a crime to which a specific intent is essential.45. ..... , fraudulently or dishonestly induces the person so deceived to deliver any property to any person, or to consent that any person shall retain any property, or intentionally induces the person so deceived to do or omit to do anything which he would not do or omit if he were not so deceived, and which act or omission causes or is likely to cause damage or harm to that person in body, mind, reputation or property, is said to 'cheat' ..... . [1970] 2 qb 54 (ca), the company was convicted of aiding and abetting the offence of causing death by dangerous driving, because its director knew the relevant facts.141 though it was held, as already ..... 's criminal practice (2008 edition) cites the case of a director of a company, who, while driving his car to a board meeting, causes death by his reckless driving .....

Major E.G. Barsay Vs. the State

Court : Mumbai

Reported in : (1958)60BOMLR159

..... 4, 5 and 6 to one under section 109, indian penal code, read with section 5(1)(c) and (d) of the prevention of corruption act, when they were charged only with the offence under section 5(1)(c) and (d) punishable under section 5(2) of that act read with section 34 of the indian penal code along with accused nos. ..... section 52(b) refers to dishonest misappropriation or conversion by a military officer to his own use of property belonging to the government, and section 52(f) refers to a person, subject to the army act, who commits an offence by doing any other thing with intent to defraud, or to cause wrongful gain to one person or wrongful loss to another person. it is mr. ..... the essence of the offence of conspiracy is the bare engagement and association to break the law, whether any act be done in pursuance thereof by the conspirators or not. ..... the essence of a criminal conspiracy is that two or more persons should agree to do, or cause to be done, an illegal act or an act which is not illegal by illegal means, and such an agreement is designated a criminal conspiracy. ..... secondly, in our opinion, this rule will also not apply to the court of the special judge set up under the criminal law amendment act, because both section 549 and rules 3 and 4 refer to what is to be done by a magistrate. mr. .....