Court : Supreme Court of India
Reported in : AIR2005SC3534; 2005(3)BLJR2120; 2005CriLJ4135; JT2005(8)SC358; (2005)13SCC110
P.P. Naolekar, J.1. Leave granted.2. Accused-1. Sitaram Paswan and Raj Kumar. Accused-2 were convicted and sentenced for imprisonment for three months under Section 323 I.P.C. and six months under Section 324 read with Section 34 of the Indian Penal Code.3. The prosecution case, in short, is that PW-5, Paltoo Paswan lodged the FIR, alleging therein that on 28.7.1998 at about 10.00 AM when his wife was proceeding towards the market, she fell in the ditch, filled with water on the way and was not visible. She made hue and cry as to who had dug the ditch. On this A-1 came out of his house and replied that he has dug the ditch. Smt. Krishna Devi, PW-2 scolded him and asked him to fill up the ditch. On this, A-1 assaulted Krishna Devi with fists. She cried for help, her husband. Paltoo Paswan, PW-5 along with his son Yijay Kumar, PW-4 rushed at the spot. Seeing them, A-1 came with sword along with Raj Kumar when they reached the spot. Raj Kumar assaulted Paltoo Paswan. PW-5 on the head with...
Tag this Judgment!Court : Gujarat
Reported in : (2006)3GLR2234
H.K. Rathod, J.1. Heard learned Advocate Mr. K.B. Anandjiwala for appellant, learned APP Mr. P.D. Bhate for the State of Gujarat. Through this appeal, appellant ' original accused No. 1 in Special Case No. 34 of 1991 has challenged the order of conviction dated 27.5.1993 passed by the Special Judge, Surendranagar in Special Case No. 34 of 1993 wherein the appellant was convicted for the offence under Section 332, 504 and 506 (Ist Part) and was ordered to undergo eight days SI and fine of Rs. 2000.00, in default, one month's SI and all the sentences were ordered to run concurrently. 2. Short facts of the case of prosecution are to the effect that the complainant Mansukhbhai Virjibhai Rathod belongs to scheduled caste i.e. of Harijan community; he was Deputy Executive Engineer in Water Supply Department of the State of Gujarat at Surendranagar. Incident in question took place on 3.7.1991 at about 9.00 p.m. In the Chamber of the complainant which is situated in 4, Kiran Society, Surendran...
Tag this Judgment!Court : Delhi
Reported in : 155(2008)DLT614
Sudershan Kumar Misra, J.1. The petitioner has moved this Court under Section 397 read with Section 401 of the Code of Criminal Procedure. He is aggrieved of an order passed by the Learned Additional Sessions Judge, on 15. 2. 2008, in C. A. No. 89/2007. By that order the Ld. ASJ confirmed the order of the Metropolitan Magistrate, sentencing the petitioner to undergo rigorous imprisonment for two months under Section 279 IPC, with a fine of Rs. 500/-; and rigorous imprisonment for one year with fine of Rs. 2, 000/- under Section 304-A IPC. The facts in a nut-shell are as follows:2. On 25. 5. 1995, while driving a bus bearing registration No. DL-1P-3997 at the Narela Singhu Border, Delhi, the petitioner hit a scooter bearing No. HR-10-6591. He injured both the persons riding the scooter, but the pillion rider succumbed to the injuries. PW-8, Bijender Kumar, son of the deceased, who was driving the scooter, was an eye witness to the accident. Before the Metropolitan Magistrate, Bijender K...
Tag this Judgment!Court : Sikkim
Reported in : 1998CriLJ2685
Malay Sengupta, Acting C.J.1. This case arises out of an application filed under Section 377 of the Code of Criminal Procedure, 1973 against the sentence imposed on 3-6-1996 by Shri P.W. Paljor, Judicial Magistrate, East in Criminal Case No. 56 of 1995 after convicting the accused persons under Sections 380/368/471/420/34, I.P.C.2. The prosecution case was that accused Dorjee Sherpa and Ajoy Gurung were working as Typist and Peon respectively in the Department of Pension underthe Government of Sikkim. The other accused Lakpa Sherpa was a close associate of accused Dorjee Sherpa. Karma Bhutia was another associate. Shri M.B. Ruchal was the Chief Accounts Officer, Pension Section. It was alleged that all of them hatched up a plan to fraudulently withdraw cheques from Pension Section of the Finance Department and to get those cheques enacashed from different banks in Sikkim. Pursuant to the plan accused Dorjee Sherpa managed to take out letter heads and office seal of the Chief Accounts O...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2001SC2058; 2001(1)ALD(Cri)850; 2001ALLMR(Cri)1022(SC); 2001(2)ALT(Cri)197; 2001CriLJ2349; 2001(2)Crimes277(SC); JT2001(Suppl1)SC400; 2001(3)SCALE637; (2001)5SCC317; [20
Sethi, J.1. Leave granted.2. The respondent, who was a constable of Indo-Tibetan Border Police, was found over-drunk on 26th November, 1992 and absent at the time of the roll-call. It was alleged that under the influence of liquor he entered the house of Commandant of the Battalion and thus committed the offence punishable under Section 16(2) of the Central Reserve Police Force Act, 1949 (hereinafter called 'the Act'), by which he was admittedly governed. Upon trial, the Commandant of the Battalion who was also having the powers of the Magistrate of First Class convicted the respondent under Section 10(n) of the Act and sentenced him to imprisonment for a period of three months. Aggrieved by the order of conviction and sentence, the respondent filed an appeal which was disposed of by the Additional Sessions Judge, XII, Bareilly upholding his conviction but modifying the sentence to the extent of till the rising of the court. The appellate court further directed that 'this order shall n...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1974SC1818; 1974CriLJ885; (1974)4SCC222; [1974]3SCR133
Y.V. Chandrachud, J.1. These appeals are brought by leave granted by the High Court of Calcutta under Article 134(1)(c) of the Constitution.2. Cr. A. No. 114 of 1970: On May 29, 1968 gold bars and sovereigns bearing foreign markings were seized from the respondents by customs officers, Calcutta. Respondents were charged under Section 135, Customs Act, 1962 for being in possession of goods which they had reason to believe to be liable to confiscation under Section 111 of that Act. It was alleged that the goods were imported into India without the requisite permit and without payment of duty and were therefore liable to confiscation under Section 111(d) of the Customs Act. The respondents were also charged under Rules 126P(1)(i) and 126P(2)(ii) of the Defence of India Rules, 1962, for failure to make a declaration in respect of the gold found in their possession.3. The respondents pleaded guilty to the charges but cited facts in extenuation of the offences. The learned Presidency Magistr...
Tag this Judgment!Court : Himachal Pradesh
Reported in : 1999CriLJ3931
M.R. Verma, J.1. This is an appeal against the judgment dated 16-1-1995, rendered by the learned Sessions Judge, Sirmaur District at Nahan, whereby in Criminal Appeal No. 31-N/10 of 1994/1993 while maintining the conviction of the accused respondents (hereinafter referred to as 'accused') for the commission of offence punishable under Section 380 of the Indian Penal Code the sentence awarded to the accused to undergo the rigourous imprisonment for one year and to pay fine of Rs. 500/- each by the learned Chief Judicial Magistrate, Sirmaur at Mahan, has been substituted by release of the accused after due admonition.2. Case of the prosecution, in brief, is that accused Ishwar Dass owned a cow which on turning dry was sold by him to PW 1 Harnam Dass for consideration in the sum of Rs. 1000/-on 9-ll-1990. PW Harnam Das took proper care of the cow and got it artificially inseminated with the result that the cow delivered a calf in the year 1991. After about a month of the delivery of the c...
Tag this Judgment!Court : Orissa
Reported in : 1985CriLJ1591
ORDERR.C. Patnaik, J.1. The substantial question that has been raised by Mr. G. N. Mohapatra, the learned Counsel for the petitioner, is if the sentence of rigorous imprisonment for three months imposed on the petitioner, who stood trial for Commission of an offence under Section 324 of the Indian Penal Code, is lethally infected due to the failure of the courts below to apply to the petitioner the provisions contained in the Probation of Offenders Act, 1958, which has come into force in this State, in some districts with effect from 1-12-1962 and rest with effect from 1-9-1966 and their unawareness of the mandate contained in Section 361 of the Cr. P.C2. The incident was a simple one. On a village street the mother of the petitioner and the wife of one Srikar Bhoi entered into a quarrel over some differences among children. Srikar advised his wife to return home forthwith. It is allowed that the petitioner dealt blows on the legs of Srikar. There was an FIR and investigation by the po...
Tag this Judgment!Court : Delhi
Reported in : ILR1975Delhi668; 1975RLR246
Pritam Singh Safeer, J.(1) This appeal is directed against the acquittal of the respondent which he achieved in terms of the judgment passed by the trial court on 31st of October, 1967. The case against the respondent was that Public Witness . I Karan Singh Food Inspector had purchased from him on the 5th of October, 1966, 450 grams of red chillies and analysis of one of the samples thereof disclosed that they were adulterated. The Food Inspector gave that notice before making the purchase and paid the price and we have seen the receipt in respect thereof. He then proceeded to act in accordance with section 11 of the Prevention of Food Adulteration Act (hereafter called 'the Act'). The quantity purchased was divided into three samphes, which were transferred to three separate bottles which were sealed. One of them was given to the respondent. We have seen Exhibit P.C. wich document was executed by the respondent not only by signing it but also by thumb-marking it. This document has bee...
Tag this Judgment!Court : Punjab and Haryana
CRA No.971-SB o1. IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Appeal No.971-SB of 2000 Date of Decision:-19.11.2012 Amar Singh & Ors. .....Appellants Versus State of Punjab .....Respondent CORAM: HON'BLE MR. JUSTICE MEHINDER SINGH SULLAR Present: Mr.G.S.Bal, Advocate for the appellants. Ms.Amarjit Kaur Khurana, Addl. AG Punjab for the State. MEHINDER SINGH SULLAR , J.(oral) The matrix of the facts and evidence, unfolded during the course of trial, culminating in the commencement, relevant for disposal of the instant criminal appeal & emanating from the record, is that, initially, in the wake of complaint of Harjinder Singh son of Rachan Singh, a criminal case was registered against Surmukh Singh s/o Surjan Singh, his son Harinder Singh, Avtar Singh son of Lachhman Singh and Sohan Singh son of Ujagar Singh, vide FIR No.82 dated 11.11.1994, for the commission of offence punishable under section 308 read with section 34 IPC by the police of Police Station Morinda, Distt...
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