Court : UK Supreme Court
Decided on : Feb-19-2014
1. The facts of this case can fairly be described as exotic, but very few of them are relevant to the present appeal. Dr Williams claims to be the victim of a fraud instigated by the Nigerian State Security Services which occurred in 1986. His case is that he was induced to serve as guarantor of a bogus transaction for the importation of foodstuffs into Nigeria. In connection with that transaction, he paid $6,520,190 to an English solicitor, Mr Reuben Gale, to be held on trust for him on terms that it should not be released until certain funds had been made available to him in Nigeria. Dr Williams says that in fraudulent breach of that trust, Mr Gale, knowing that those funds were not available to him in Nigeria, paid out $6,020,190 of the money to an account of the Central Bank of Nigeria with Midland Bank in London, and that he pocketed the remaining $500,000. The Central Bank is said to have been party to Mr Gale's fraud. The Bank applied for an order setting aside the permission gi...
Tag this Judgment!Court : UK Supreme Court
Decided on : Jan-29-2014
1. Following a trial before HHJ Miller QC and a jury at Belfast Crown Court, Raymond Brownlee was convicted on 1 June 2012 of a number of offences including false imprisonment, making threats to kill and wounding with intent. He had been represented by senior and junior counsel until the close of the prosecution's case. But at that stage in the trial, differences arose between Mr Brownlee and his legal team. Initially, senior counsel intimated to the trial judge that he felt professionally compromised and had to withdraw from his representation of the accused. When the judge put this to Mr Brownlee, he said that he did not want counsel to withdraw from representing him and that he believed that things had been perhaps "taken up the wrong way". At this point his solicitor intervened to say that he felt that the situation was not irretrievable. On hearing this, the learned judge decided to give the solicitor the opportunity to consult with his client over the lunch adjournment. 2. After...
Tag this Judgment!Court : Patna
Decided on : May-16-2014
1. This appeal has been preferred by the appellant Rajiv Singh against the judgment of conviction dated 21.10.2011 whereunder, he has been found guilty for an offence punishable under Sections 304B, 201, 498A of the I.P.C. and sentence dated 25.10.2011 directing to undergo rigorous imprisonment for ten years under Section 304B of the I.P.C., rigorous imprisonment for two years as well as also slapped with fine appertaining to Rs. Five thousand in default thereof, to undergo simple imprisonment for one month additionally under Section 201 of the I.P.C., rigorous imprisonment for two years as well as also fined Rs. Five thousand in default thereof, to undergo S.I. for one month additionally, under Section 498A of the I.P.C. with a further direction to run the sentences concurrently. 2. After hearing both sides as well as going through the record, certain admitted fact is to be taken note of for better appreciation. Appellant Rajiv Singh happens to be the husband of Rani Archana Sinha (so...
Tag this Judgment!Court : Patna
Decided on : Apr-30-2014
Anjana Prakash, J. 1. The Appellants of Cr. Appeal 437 of 2013 and 518 of 2013 have been convicted u/s 302 IPC and sentenced to death and also under Section 394 IPC and 27 of the Arms Act and sentenced to ten years and two years respectively with a fine of Rs.5,000/- . Death Reference is in regard to the same Appellants. Criminal Appeal No. 379 of 2013 and Government Appeal 19 of 2013 have been preferred by the Informant against the acquittal of initial accused Kamlesh Jha. The said Judgment was delivered by the 1st Additional Sessions Judge, Darbhanga, in Sessions Trial 441 of 2011 on 9th April, 2013. 2. The Fard-byan of Ram Pukar Rai, P.W-3 recorded at 8.20 P.M. at the place of occurrence, i.e. Soni Fuel Petrol Pump at Nehra, P.S. Manigachhi, Distt. Darbhanga, on 27.7.2011, is that on the date of occurrence, around 6.30 to 6.45 P.M. when he was checking the Diesel on the Tanker the nephew of the owner Jai Ram Choudhary i.e. Ashwani Kr. Chaudhary (deceased) and Daya Shankar Roy (decea...
Tag this Judgment!Court : Patna
Decided on : Apr-25-2014
I.A. Ansari, J. 1. By the judgment, dated 29.07.2009, passed, in Sessions Trial No. 261 of 2003, by learned Additional Sessions Judge V, Rohtas at Sasaram, the appellant, Shivji Sah, stands convicted under Section 302 of the Indian Penal Code and also under Section 27 of the Arms Act, 1959. Following his conviction under Section 302 of the Indian Penal Code, the accused-appellant, Shivji Sah, has been sentenced to undergo imprisonment for life and pay fine of Rs. 5,000/- and, in default of payment of fine, suffer simple imprisonment for six months. Consequent upon his conviction under Section 27 of the Arms Act, 1959, the accused-appellant, Shivji Sah, has been sentenced to undergo rigorous imprisonment for three years and pay fine of Rs. 1,000/- and, in default of payment of fine, suffer simple imprisonment for one month. The sentences have been directed to run concurrently. 2. The case of the prosecution may, in brief, be described thus: (i) Bharat Sah (since deceased) was brother of...
Tag this Judgment!Court : Patna
Decided on : Apr-24-2014
1. Appellant, Dinesh Das has been found guilty for an offence punishable under Sections 22(C) of the NDPS Act vide judgment dated 28.02.2012 and sentence to undergo RI for 10 years as well as fined of Rs. 1 Lac in default thereof, to undergo SI for two years vide order dated 29.02.2012 by 2nd Additional Sessions Judge-cum-Special Judge, West Champaran at Bettiah in Kangli P.S. Case No. 18/2010 has preferred this appeal. 2. Ganke Atwa, a SSB Constable filed a written report on 03.07.2010 before Officer-in-charge, Kangli P.S. alleging inter alia that on the same day at about 5.30 a.m., SSB Hawildar No. 9187147, Wamsi Atwa on getting confidential information, along with constable, Narendra Pd. Dewari, K. Pawalingam, Prashant Goswami, Tumo Kamdak came near Kangli railway halt at about 6:00 a.m. where they found one person standing west to road near tea stall of Jainuddin Mian in suspicious state and on account thereof, was apprehended. Local inhabitants were requested to become seizure lis...
Tag this Judgment!Court : Patna
Decided on : Apr-02-2014
1. In spite of repeated calls, none turns up to represent the appellant. However, Shri Mrityunjay Kumar, learned Advocate has volunteered himself to assist the Court as Amicus Curiae and is acclaimed. 2. Sole appellant, Ram Dayal Rai has been found guilty for an offence punishable under Sections 148 IPC, 323/149 IPC, 448/149 IPC, 379/149 IPC, 307 of the IPC and 27 of the Arms Act and sentenced to undergo RI for one year, RI for six months, RI for six months, RI for one year, RI for seven years as well as fined of Rs. 5000/- in default thereof, to undergo RI for six months additionally, RI for five years as well as fined Rs. 2000/- in default thereof, to undergo RI for three months respectively with a further direction to run the sentences concurrently vide judgment of conviction dated 17.01.2012 and sentence dated 21.01.2012 passed by 1st Additional Sessions Judge, Banka in connection with Sessions Trial No. 390/1999, challenged the same under present appeal. 3. PW-6, Vijay Rai who als...
Tag this Judgment!Court : Uttaranchal
Decided on : Mar-12-2014
1. Appellants Rampal, Moni Sharma, Satis and Somdutt have assailed the judgment and order of conviction dated 2.7.2002 rendered against them by the Additional Sessions Judge/Ist F.T.C., Roorkee in Sessions Trial No. 284/95, State v. Rampal and 3 Others. The said trial pertains to Police Station Gangnahar, Crime No. 113/95. All these accused persons were tried for the offences of Section 452, 307, 323, 324, 504 IPC. Trial culminated into their conviction for the offences of Section 452 and 307/34 IPC. They have been appropriately sentenced by the Trial Judge. 2. The backdrop of the prosecution version as disclosed in the FIR is that Rampal Kashyap, resident of Nayi Basti, Shyam Nagar, Roorkee intruded in the house of injured Mulkraj along with his some companions. They started to beat Mulkraj. Seeing the occurrence, his daughter Ms. Geeta Saini (informant) and his father raised alarm. Meanwhile, Rampal Kashyap stabbed the knife blow in the abdomen of her father while his other companion...
Tag this Judgment!Court : Jharkhand
Decided on : Mar-01-2014
1. On 26.06.2012, a learned Single Judge of this Court took notice of the news published in various newspapers on 26.06.2012 indicating that on a call of the Indian Medical Association, doctors in various government hospitals and dispensaries remained off their duties on 25.06.2012 and consequently several deaths were reported. The learned Single Judge has taken note of Regulations 2.1.1 and 2.4 of the Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002 which read as under: 2.1.1. œThough a physician is not bound to treat each and every person asking his services, he should not only be ever ready to respond to the calls of the sick and the injured, but should be mindful of the high character of his mission and the responsibility he discharges in the course of his professional duties. In his treatment, he should never forget that the health and the lives of those entrusted to his care depend on his skill and attention. A physician should endeavour...
Tag this Judgment!Court : Patna
Decided on : Feb-25-2014
1. Heard learned counsel for the appellant and learned Additional Public Prosecutor for the State. 2. The solitary appellant has preferred this appeal against his conviction for the offences under Sections 307 and 395 of the Indian Penal Code and sentenced to undergo respectively rigorous imprisonment for 10 and 7 years with a fine of Rs. 1000/- each for both the offences, however, the sentences are to run concurrently, as awarded on 22nd June, 2002, by learned Additional Sessions Judge, F.T.C. “ II, Aurangabad, in connection with Session Trial No. 128/89 / 161/2002 arising out of Kutumba P.S. Case No. 10/89. 3. The case was instituted against unknown for the offences under Section 395 of the Indian Penal Code on the Fardbeyan of one Yogendra Tiwary (P.W.6) recorded on 5th February 1989 at 04 hours by S.I. Mundrika Prasad (P.W.9) which reveals that at about 1.00 a.m. while the entire family members were sleeping suddenly the informant awoke on hearing the sound of firing and foun...
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