Court : Kerala
Reported in : I(1995)DMC287
K. Sreedharan, J.1. Accused in this case, four in number, who are husband of deceased Sanal Kumari, her mother-in-law and sisters-in-law respectively, were charged with offence punishable under Section 304-B read with Section 34 of the Penal Code. Learned Sessions Judge, Thiruvananthapuram, who tried the case as S. C. 210 of 1989, acquitted all the accused as per his judgment dated 21-3-1991. State has preferred Crl. A. 382 of 1991 challeging the said acquittal. PW-3, mother of deceased Sanalkumari, has preferred Crl. R.P. 600 of 1991 questioning the correctness of the acquittal. We heard learned Public Prosecutor and the learned Counsel appearing in these cases in extenso. We are disposing of the appeal and the criminal revision petition by this common judgment.2. The prosecution case, in brief, is as follows : First accused is a graduate working as Police Constable. Second accused is his mother and accused 3 and 4 his sister. First accused married Sanalkumari, daughter of PWs. 1 and ...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1959SC8; 1959CriLJ98; [1959]1SCR1276
Kapur, J.1. This is an appeal by leave of the High Court of Calcutta against the judgment and order of that court dismissing the appellant's appeal against the order of conviction by the Special Court of Burdwan for an offence under section 165-A, Indian Penal Code and six month's rigorous imprisonment. 2. The facts leading to this appeal are that one Istipada Ghosh and his son were being tried in the court of an Assistant Sessions Judge, Burdwan, with a jury of five. During the course of the trial the appellant approached one of the jurors Baidya Nath Mukherjee and offered him illegal gratification as an inducement for giving a verdict favourable to Ghoshes. On the morning of September 6, 1952, the juror narrated these facts to the police and thereupon the officer in charge sent a sub Inspector to arrest the appellant if he offered the bribe. After a little while the appellant came to the appointed place and offered Rs. 40 in four 10 rupee notes to the juror and while he was trying to...
Tag this Judgment!Court : Mumbai
Reported in : 1993(3)BomCR709
K. Sukumaran, J.1. The petitioners had issued certain cheques to the respondents, which on presentation, were not honoured by the Bank. This resulted in 11 complaints in relation to the 11 cheques, for offences punishable under section 138 of the Negotiable Instruments Act, 1881 and section 420 of the Indian Penal Code. The defence of the petitioners is not relevant at this stage. They were facing a trial by the Criminal Court. A challenge to the very constitutionality of section 138 of the Act, was felt worth attempting in the circumstances. The writ petition is accordingly filed, the Union of India and others being arraigned as the respondents.2. A basic argument was advanced that the Amendment Act 66 of 1988 which introduces sections 138 and 138-A, would not fit in with Entries 45 and 46 of List I of 7th Schedule to the Constitution. One serious contention is about a presumption drawn under section 139 in favour of the holder that he received the cheque for the discharge of any debt...
Tag this Judgment!Court : Delhi
Reported in : 160(2009)DLT775
Kailash Gambhir, J.The miracle is not to fly in air or to travel to the moon, but to walk on the earth', says a Chinese proverb.1. The increase in vehicular traffic alongwith the population of Delhi has grown much faster since the time Maruti Company has flooded the market with their brand of cars for the middle class of the society. Although the capital of the country is dominated by the middle and lower class, but the presence of rich and affluent is no less visible when one looks at the roads of Delhi to find large number of high class luxurious cars, including the Mercedes and BMWs. The traditional mode of travelling by tangas, bicycles, rickshaws, two wheelers is coming to gradual extinct except in the interiors of some localities.2. Except for a few hours between midnight to dawn, one cannot see even a patch of earth but vehicles and vehicles either running or stranded in traffic jams on Delhi roads. This ever increasing vehicular explosion in traffic is due to the rapid increase...
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2003(2)ALD(Cri)545; 2004CriLJ242
Gopala Krishna Tamada, J.1. The learned Special Judge for CBI cases, Visakhapatnam tried eight persons as A1 to A8 in C. C. No. 8/95 and by his judgment dated 19-1-1998, while acquitting A5 and A7, however, found Al, A2, A3, A4, A6, A8 guilty of the alleged offences punishable Under Section 120(B), 465 of IPC and Section 13(1)(d)(ii) r/w 13(2) of Prevention of Corruption Act. On his finding that the above accused persons were guilty, the learned Judge awarded the following sentences.2. A-1 was convicted for the offence punishable Under Section 120-B, IPC and sentenced to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs. 1000/- in default to suffer simple imprisonment for a period of 3 months; for the offence punishable under Section 465, IPC to undergo rigorous imprisonment for a period of 2 years; and for the offence punishable under Section 13(1)(d)(ii) r/w Section 13(2) of Prevention of Corruption Act to undergo rigorous imprisonment for a period of 3 ...
Tag this Judgment!Court : Mumbai
Reported in : 1998(5)BomCR127
ORDERA.D. Mane, J.1. Criminal Appeal No. 364 of 1994 is filed by the original accused Nos. 2, 3 and 4 against their conviction under section 323 read with section 34 of the Indian Penal Code and sentence of rigorous imprisonment for three months and to pay a fine of Rs. 500/- each, in default simple imprisonment for fifteen days. The companion Criminal Appeal No. 14 of 1995 is, however, filed by the State of Maharashtra against the order of acquittal dated 11-10-1994 passed by the Additional Sessions Judge acquitting the respondents of the offence punishable under section 302 read with, section 34 of the Indian Penal Code. Both these appeals arise out of Sessions Case No. 183 of 1992 from the same set of facts and from the same judgmentand order passed by the learned Additional Sessions Judge. We, therefore, dispose of both the appeals by common judgment.2. In all seven accused persons came to be prosecuted for alleged offence punishable under section 302 read with section 34 of the In...
Tag this Judgment!Court : Chennai
Reported in : [2010]155CompCas228(Mad)
C.T. Selvam, J.1. These petitions seek to quash the proceedings in C. C. No. 567 of 2004 on the file of the learned Judicial Magistrate II, Erode in so far as the petitioners are concerned.2. C.C. No. 567 of 2004 is a case pending adjudication for alleged offences under Sections 138, 141 and 142 of the Negotiable Instruments Act, 1881, read with Section 420 of the Indian Penal Code, 1860. The petitioners in Crl. O.P. No. 18130 of 2005 are accused Nos. 4, 6, 7 and 8, while the petitioner in Crl. O.P. No. 20867 of 2007 is the fifth accused in the case. The complaint case has been filed on the averments that the first accused-company by name M/s. Adhavan Processors P. Ltd., used to purchase dyes and chemicals from the respondent/complainant on credit for its textile processing and moneys were owing to the company in the course of such business transactions. The accused had acknowledged and confirmed the liability to the respondent/complainant in a sum of Rs. 27,61,963.25 based on their ac...
Tag this Judgment!Court : Guwahati
I.A. Ansari, J.1. This is an appeal against the judgment and order dated 27-12-2002, passed by the learned ad hoc Additional Sessions Judge No. 1, Kamrup, convicting the accused-appellant Under Section 489B IPC and sentencing him to suffer simple imprisonment for seven years and to pay a fine of Rs. 5,000/- and, in default of payment of fine, to undergo simple imprisonment for a further period of six months.2. The case against the accused-appellant, as projected at the trial, was, in brief, as follows :On 12-03-1997, accused-appellant, Sri Krishna Kanta Das, an employee of M/s Assam Tribune Private Limited, came to the United Bank of India, Fancy Bazar Branch, for obtaining a Bank Draft and in the process of tendering the currency notes for the purpose of obtaining the draft, he tendered as many as six fake currency notes of Rs. 500/-denomination each. The cashier, at the bank, in the process of counting the said currency notes, found six of the notes as fake and brought the same, imm...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2008SC2919; (2009)1GLR1(SC); JT2008(6)SC504; 2008(8)SCALE206; 2008AIRSCW4903; AIR2008SC2918
S.B. Sinha, J.1. Leave granted.2. Interpretation and/ or application of the provisions of the Gujarat Town Planning and Urban Development Act, 1976 (for short 'the Act') and the Rules framed thereunder known as the Gujarat Town Planning and Urban Development Rules, 1979 (for short 'the Rules') is in question in this appeal which arises out of a judgment and order dated 27.12.2006 passed by a Division Bench of the High Court of Gujarat at Ahmedabad in Letters Patent Appeal No. 1611 of 2006 arising out of a judgment and order dated 23.11.2006 passed by a learned Single Judge of the said Court in SCA No. 7092 of 2001.3. Before embarking upon the issue involved in this appeal, we may notice the admitted fact of the matter.The Government of Gujarat in exercise of its power conferred upon it under Section 65 of the Act made a scheme in respect of the town of Umra, Surat on 1.06.1999.Plot Nos. 17/7 and 17/8 were owned by Respondent No. 4 herein. Appellant was a tenant under the said responden...
Tag this Judgment!Court : Chennai
O R D E RG.M. AKBAR ALI,J.,1. The petitioner was confined in Central Prison, Puzhal, Chennai on the basis of common judgment made in C.C No.9 of 2000 to C.C No.11 of 2000 and C.C.No.13 of 2000 to 51 of 2000 by the learned Additional Special Judge for CBI for offences under Sec.477-A, 468, r/w 471, 420 IPC and under Sec.13 (1)(d) r/w 13(1) (2) of PC Act. There are 41 cases. The conviction and sentence passed against the appellant in each case is detailed hereunder: S.NoConvicted for offences Sentence Fine (Rs.) Default Sentence1 477-A IPC 2 yrs R.I2 468 IPC 2 yrs R.I 1500/- 2 Months R.I3 468 r/w 471 IPC 2 yrs R.I 1500/- 2 Months R.I4 13(1)(d) r/w 13(2) of P.C. Act 2 years R.I 2000/-in each caseThe sentence of imprisonment in all the cases are ordered to run concurrently with a benefit of set off under Sec.428 Cr.P.C. However the total fine amount payable was Rs. 2,10,000/- The default sentence will run to 252 months. The relief sought in this petition is to order the default sentence to...
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