Court : Patna
..... by the trial court convicting the appellant under section 354 of the penal code and sentencing him to undergo rigorous imprisonment for two years it may be stated at the out set that the appellant was put on trial for the offence of rape but at the conclusion of the trial, the trial court deemed it fit to find and hold him guilty of the lighter offence under section 354 of the penal code and to sentence him as indicated above.2. ..... in my view, the reasons assigned by the trial court for not holding the appellant guilty under section 376 of the penal code are not at all convincing and on the basis of the evidence on record this court should have perhaps held the appellant guilty of that offence and liable to a more severs punishment 1, however, find ..... face of such prosecution evidence, the trial court deemed it fit and proper not to hold the appellant guilty of the offence under section 376 but to find him guilty only under section 364 of the penal code. ..... after investigation submitted charge sheet on the basis of which the appellant was put on trial for the offence under section 376 of the penal code.3. ..... is also corroborated by pws 2,3,4 and 5 and i further find that it is one of those rare cases of rape in which per chance apart form the prosecutrix herself, another eye-witness of the occurrence is available.9. ..... the reason assigned for not holding the appellant guilty of the offence of rape (see para 11 of the judgment coming under appeal) is the non-examination of the doctor and .....
Tag this Judgment!Court : Patna
..... 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 abetment. ..... 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 act. ..... the 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. ..... thus, from the wording of the above penal provision under the prevention of corruption act, 1988, it specifically differs from whatsover was there under section 161 of the indian penal code which had been deleted now. ..... 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 procedure.5. .....
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 ..... 56 of 1998 was instituted for the alleged offence under sections 304b, 201/34 and section 498a of the indian penal code and sections 3/4 of the dowry prohibition act, against all the ..... 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 ..... the facts and circumstances, i affirm the judgment of conviction passed by the court below as the appellants are found guilty for commission of offence under sections 304b/34, 498a and 201 of the indian penal code as well as sections 3/4 of the dowry prohibition act. ..... 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 .....
Tag this Judgment!Court : Patna
..... 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 under the jammu and kashmir prevention of corruption act. ..... shri rana pratap singh, learned counsel for the petitioners, submitted, firstly, that no offence muchless the alleged ones under sections 406, 409 and 420 of the indian penal code is made out and the dispute involved being of civil nature the order taking cognizance against the petitioners amounts to abuse of the process of court and the same is therefore ..... nature of defence which an accused may take in a criminal case and therefore whether under the general insurance business act read with the general clauses act or under the indian penal code -- when the question arises as to whether the particular act was done in good faith within the meaning of section 38 of the general insurance business act, the party taking such defence is required to prove it by evidence. ..... and employees of the petitioner company enjoy protection under section 38 of the general insurance business (nationalisation) act, 1972 and being public servants in terms of section 107a of the insurance act, 1938 read with section 21, clause 12th, of the indian penal code, they cannot be prosecuted without sanction of the competent .....
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 ..... as provided under section 120(b) ipc there must be a criminal conspiracy for doing or committing a substantive offence either under indian penal code or in the penal provision of any other act, when it is conceded and could be found that the substantive offences are being the penal provision of copyright act alone, then there can not be any charge or allegation having conspiracy by the ..... no other penal code or an other act has been alleged while taking cognizance of or has been considered by the learned magistrate concerned while passing the order for framing ..... 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. ..... complaint and the statement made by the complainant under solemn affirmation cognizance was taken under the penal provision of copyright act against girish ranjan and also against the petitioner and others under sections 63, 68 and 68a of the act. ..... 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) ipc. .....
Tag this Judgment!Court : Patna
..... 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. ..... 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. ..... 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. ..... 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. ..... by the complainant and her husband for the purpose of filing petition under section 13(3) of the hindu marriage act for mutual divorce. .....
Tag this Judgment!Court : Patna
..... 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 ..... 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. ..... on completion of investigation police charge-sheeted all the six accused persons for trial under section 304b of the indian penal code and sections 3/4 of the dowry prohibition act. ..... the learned trial judge found all the four appellants guilty for the offences under section 304b of the indian penal code and section 4 of the dowry prohibition act. ..... for life under section 304b of the indian penal code. ..... the same presumption has been raised under section 113b of the indian evidence act. ..... in such a situation, the prosecution under section 113b of the evidence act will operate which is rebuttable by the defence but no rebuttable evidence has come from the defence side. .....
Tag this Judgment!Court : Patna
..... under 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 eye ..... of manju madalani because of torture on her, a knotted rope was placed on the neck of manju madalani and such knot was tightened to cause her death and for that reason, charges were framed under section 302/34 of the indian penal code but there were allegations also that from the report of the post-mortem, it could be found that manju madalani had an unnatural death by suicide either homicidal or a suicidal one then it was necessary .....
Tag this Judgment!Court : Patna
..... section 147 of the indian penal code, all accused-appellants, except accused-appellant, ram bihari yadav, have been further sentenced to suffer rigorous imprisonment for a period of two years each and to also suffer for, their conviction under section 323 of the indian penal code, rigorous imprisonment for one year each; whereas accused-appellant, ram bihari yadav, has been sentenced, for his conviction under section 148 of the indian penal code and also under section 324 of the indian penal code, ..... 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 yadav. ..... 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 ..... 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 .....
Tag this Judgment!Court : Patna
..... could not have been, we may also hasten to add, conviction of any of the accused-appellants under section 149 of the indian penal code simplicitor inasmuch as section 149 of the indian penal code, as already discussed above, creates constructive liability and does not prescribe any punishment. 52. ..... more, the defence has exhibited first information report, lodged by accused bhujangi tanti, on 12.04.1992, leading to the registration of a case, under sections 147 and 324 of the indian penal code against nageshwar paswan, baleshwar paswan and nago paswan with respect to an incident of the previous night i.e. ..... the facts and attending circumstances of the present case, which have emerged from the evidence on record, can it be concluded that the appellants were guilty of offences under section 302 read with section 149 of the indian penal code and ought to have been convicted and have rightly been convicted accordingly? 35. ..... at the trial, when charges, under section 302 read with section 149, section 307 read with section 34, sections 323 and 342 of the indian penal code, were framed, all the accused pleaded not guilty to their respective ..... from a bare reading of section 149 of the indian penal code, it becomes abundantly clear that even if an offence committed is not directly in prosecution of the common object of an unlawful assembly, it may still fall under second part of section 149 of the indian penal code if it can be held that the offence was such as the members knew was likely to .....
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