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Judgment Search Results Home  Phrase:indian penal code 45 of 1860 1860 section 294

Mar 08 2012

N.Yogaraj Vs. Lakshmi.

  • Decided on : 08-Mar-2012

Court : Chennai

... annoyance of others by using obscene language in a public place punishable under Section 294 I.P.C, by the respondents herein(A1 to A4) against P.W.2 an offence of wrongful restraint punishable under Section 341 I.P.C and an offence of causing simple hurt punishable under Section 323 I.P.C. However, P.W.6, who received the complaint did ... of Police came to notice the said complaint on 12.08.2010 pursuant to which he registered a case in the above said crime number for offences punishable under the penal provisions cited supra. For registering the case, he prepared Ex.P5-First Information Report. Thereafter, P.W.8 conducted investigation and during investigation, he visited the place of occurrence and ... PrayerCriminal Revision case filed under Sections 397 and 401 of Cr.P.C., to call for the records and to set aside the order of acquittal made in S.T.C.No.445 of 2010 by ...

Mar 02 2012

T.Tamilarasi Vs. State Rep. By Sub-Inspector of Police.

  • Decided on : 02-Mar-2012

Court : Chennai

... trial.ORDER1. The petitioner is the wife of accused Thandayuthapani, facing trial under Section 302 of IPC. A case in Crime No.154 of 2011 was registered against the husband of the petitioner under Sections 294(b), 452, 506(i) and 307 IPC, which was later on converted to Section 302 IPC. The case was registered on the statement of deceased Suguna on 26 ... decisions make it clear that if any person is aggrieved by the inaction on part of the police or not getting proper response, there are adequate remedies provided under the Code and it is for such person to seek relief with the aid of these provisions. However, we have already adverted to the specific allegation in the complaint of Respondent 1 ... reads as under:Government of maharashtraNotificationHome Department (Special)Mantralaya, Mumbai 400 032Dated: 7-2-2008No. MIS 0807/CR 276/Part-II/Spl-2. In pursuance of the provisions contained in Section 6 of the Delhi Special Police Establishment Act, 1946, (Act 25 of 1946), the Government of Maharashtra is pleased to accord consent to the exercise of the powers and jurisdiction ...

Feb 22 1999

People's Union for Civil Liberties & others Vs. The State of Maharasht ...

  • Decided on : 22-Feb-1999

Court : Mumbai

Reported in : 1999(4)BomCR608

... instant encounter, as well as all encounters, police have committed an offence under section 299 of the Indian Penal Code and for the same reason they are not entitled to protection under section 100 of the Indian Penal Code as they have not followed the procedural mandates contained in section 46 of the Criminal Procedure Code, or section 161 of the Bombay Police Act. He would state further that there ... Institute, Bombay; (e) the Director, Deputy Director or Assistant Director of a Central Forensic Science Laboratory or a State Forensic Science Laboratory; (f) the Serologist to the Government. Under section 294 of the Code, it has been stated that, 'where any document is filed before any Court by the prosecution or the accused, the particulars of every such document shall be included ... about the name of her deceased brother, except Abu Sayama, learned Enquiry Judge has given the above observation. Under the sub-heading 'Innocents Abroad or Criminals At Large' in para 45 of the report, the learned Enquiry Judge has considered the aspect of the professional activities and attitude of so-called Abu Sayama as claimed by Rubina (P.W. 1) ... the fire at the police in furtherance of the self defence provided to the posse of the police by virtue of section 100 of the Indian Penal Code and section 161 of the Bombay Police Act and section 46 of the Code of Criminal Procedure Code, the police have retaliated by opening the fire upon the dreaded gangsters in the instant case and in which the ...

Nov 07 1998

Balasaheb Abasaheb Farate Vs. The State of Maharashtra

  • Decided on : 07-Nov-1998

Court : Mumbai

Reported in : 1999(5)BomCR170; II(1999)DMC717

... on the corpse of Bebi was conducted on 18-11-1993 by Dr. Mahajan. Since the genuineness of the post mortem has been admitted by the defence under section 294 Cr. P.C.. Dr. Mahajan has not been examined by the prosecution. A perusal of the post mortem report shows that Dr, Mahajan found the following external ... in her house. She was immediately taken to Dr. Lonker and thereafter she was brought to K.E.M. Hospital, Pune. On 7-11-1993 at about 3.45 a.m., the Special Executive Magistrate Ulhas Dattatray Koranne, recorded her dying declaration at the K.E.M. Hospital, in question and answer form. It reads thus: 'Ques ... no other evidence connecting the appellant with the crime. 13. In the result this appeal is allowed. The conviction and sentence of the appellant for the offences under sections 302 and 498-A I.P.C. is set aside. He is acquitted of the said offences. He is in jail and shall be released therefrom unless ... that the mother-in-law of Bebi was admitted in Kashti hospital for burns. This was also stated by Zumbar Baravkar P.W. 1 in his statement under section 161 Cr. P.C. Since he did not say this in his statement in the trial Court he was confronted with the said statement and failed to ... 1994 passed by the Additional Sessions Judge, Pune, in Sessions Case No. 88/94, whereby he has been convicted and sentenced in the manner stated hereinafter :-- i) Under section 302 I.P.C. to suffer imprisonment for life and to pay a fine of Rs. 1000/- in default to undergo 1 year's R.I. : ...

Jul 27 1999

Suresh Ganpat Mundhe and others Vs. The State of Maharashtra and anoth ...

  • Decided on : 27-Jul-1999

Court : Mumbai

Reported in : 2000(5)BomCR40; 2000BomCR(Cri)40; 1999(3)MhLj951

... her. It is pertinent to point out that the spot panchanama (Exhibit 23) of the incident, the genuineness of which has been admitted by the defence, under section 294 Cr. P.C. shows that the incident took place behind the walls towards the south of 6th arch and above 5th arch and persons could hide behind ... be killed if she raised cries. In such a situation, she was raped. The spot panchanama, the genuineness of which has been admitted by the defence under section 294 Cr. P.C., shows that the grass on which Anita was raped was soft. This recital in the spot panchanama appears to be correct because, the evidence ... Sessions Judge, Pune, is Sessions Case No. 415 of 1994, whereby they have been convicted and sentenced in the manner stated hereinafter:(i) Under section 363 r/w section 366 r/w section 34 I.P.C. to undergo 3 years R.I. and to pay a fine of Rs. 500/- each, in default to undergo 3 ... concurrently.We cannot refrain from observing that the learned trial Judge should not have convicted under section 34 I.P.C. for the offence of criminal intimidation and instead should have convicted for the offence under section 506(II) r/w section 34 I.P.C.2. The prosecution case in short as contained in the F. ... C. and since she was below 18 years of age, at that time he acted correctly in convicting for offences punishable under section 363 and 366 I.P.C. So far as the offence under section 506(2) I.P.C. is concerned, question of age is not relevant.17. In our view, the learned trial Judge ...

May 05 1999

Krishna Babu Shelar Vs. The State of Maharashtra

  • Decided on : 05-May-1999

Court : Mumbai

Reported in : 2000(5)BomCR516

... the trial Court was not justified in convicting the appellant with aid of section 75 I.P.C. Because the said section stipulates that the sentence in respect of previous conviction must be 3 years or upwards and the list of previous convictions (Exhibit 34) which has been admitted under section 294 Cr.P.C. shows that although the appellant was convicted earlier in ... of previous convictions (Exhibit 34) which has been admitted under section 294 Cr.P.C. shows that although the appellant was convicted earlier in 13 cases but in none of them he was sentenced to 3 years or more.But in our view, even if the appellant's conviction with the aid of section 75 I.P.C. is set aside, his sentence ... 10 years' R.I. and to pay a fine of Rs. 5,000/-, in default to undergo R.I. for three months for the offence punishable under section 394 I.P.C. read with sections 398 and 75 I.P.C.2. In short the prosecution case runs as under :---On 9th January, 1995, at about 9 p.m. while Anita Madas ... . His types deserve a deterrent sentence.14. In the result, this appeal is partly allowed. Instead of the offence punishable under section 394 r/w 398 and 75 I.P.C. we find the appellant guilty for the offence under section 394 r/w 398 I.P.C. only, but we maintain the sentence awarded to the appellant by the trial Court ...

Sep 11 1997

Dattatraya Manglya Patil & others Vs. The State of Maharashtra

  • Decided on : 11-Sep-1997

Court : Mumbai

Reported in : 1998BomCR(Cri)300

... the defence under section 294 of Cr.P.C. and consequently, can be used as substantive evidence. However, to our dismay, the circumstance that these appellants were putting on bloodstained clothes when they were arrested and which were seized by the police, has not been put to them in their statements under section 313 Cr.P.C.21. A perusal of section 313 Cr ... any other reasonable hypothesis, excepting the guilt of these appellants.Against these appellants, the circumstantial evidence adduced by the prosecution is as under :-(a) motive;(b) recovery under section 27 of the Indian Evidence Act; of a blood-stained knife on the pointing out of appellant-Prabhakar and a blood-stained dagger on the pointing out of appellant-Dattatraya ;(c) report of ... the appellants and the acquitted accused. On 5-3-1987, the appellants were arrested, vide panchanama Exhibit 62. A perusal of Exhibit 62 which is admitted to the defence under section 294 Cr.P.C. shows that the appellants had blood-stained clothes, which appeared to be washed, on their person.A perusal of Exhibit 62 shows that from :--(a) appellant-Dattatraya ... the public panchas turned hostile, we should not accept the solitary statement of PI. Faruqi.Apart from the fact that her submission is contrary to the provisions contained in section 134 of the Indian Evidence Act which provides 'no particular number of witnesses shall in any case be required for the proof of any fact' and the ratio laid down in : 1956CriLJ426 ...

Nov 05 1996

Laxman Vs. State of Karnataka

  • Decided on : 05-Nov-1996

Court : Karnataka

Reported in : 1997(1)ALT(Cri)578; 1997CriLJ1806; ILR1997KAR129; 1997(2)KarLJ168

... with an iron rod which assault ultimately resulted in the death of Basavaraj. The accused was originally arrested for an offence punishable under Section 325, I.P.C. which was thereafter altered to Section 302, I.P.C. after Basavaraj died. On completion to the investigation, the accused was chargesheeted and subsequently, came to be committed ... still not available even at the time when the matter was remanded, that the prosecution had no option except to resort to the procedure prescribed under S. 294, Cr.P.C. and that it was not permissible to tender the postmortem report through any other doctor. The principal reason for this submission as put forward ... submitted that P.W. 22 has recorded certain opinions as far as the postmortem report Ex. P. 22 is concerned. The learned counsel submitted that under S. 45 of the Evidence Act, that these opinions are no more than expert evidence and he relied on a decision of the Supreme Court reported in 1996 SCC 444 ... before us was the original accused in Sessions Case No. 171/93. He was charged with having committed an offence punishable under Section 302, I.P.C. The charge was that on 21-2-1993 at 8 p.m. on the road in front of Mahadevappa Hundekar's house at ... that we are required to consider as to whether the objections canvassed on behalf of the defence are liable to be upheld. In our considered view, S. 294, Cr.P.C. would have no application to the facts of this case nor was it obligatory on the part of the prosecution to have tendered ...

Jan 03 2002

Abdul Rahman Sheikh Vs. State of M.P.

  • Decided on : 03-Jan-2002

Court : Madhya Pradesh

Reported in : 2002(3)MPHT330; 2002(2)MPLJ251

... was not proved by examining the concerned witnesses is not acceptable because the same has been admitted by the defence under the Provision of Section 294 of the Code of Criminal Procedure. The judgments relied upon, on this point, by the defence, are not applicable and relevant. A11 the judgments are regarding the ... the cause of death, nature of injury and the effect of injury are matters which could only be admitted in evidence under Section 45 of the Evidence Act. And under Section 45 the opinion could only be admitted in evidence if the expert is examined in Court as the mere certificate is not evidence. ... the prosecution Ex. P-18 by examining the concerned witness. Hence, though the sanction Ex. P-18 was admitted as per the Provision of Section 294 of the Code of Criminal Procedure but should not have been relied upon in absence of proving the same in Court by examining the concerned witness. For ... opinion is given about the cause of death, nature of injury and its effect or connection with the death. Such opinion evidence is admissible under Section 45 of the Evidence Act and it could not be disputed that an opinion could not be admitted in evidence without the evidence of the expert. ... 28-1-1993 passed by First Additional District Judge, Indore in Special Case No. 36/91 convicting the appellant for the offence punishable under Section 161, IPC and Section 5(2) of the Prevention of Corruption Act (for short, 'the Act') and sentenced to RI for 2 years and fine of Rs. 1000 ...

May 17 2001

Swaminath Singh Vs. State of M.P.

  • Decided on : 17-May-2001

Court : Madhya Pradesh

Reported in : 2002CriLJ1343; 2001(3)MPHT404

... guilty of offence under Sections 302, 120B read with Sections 302 and 218 of the Indian Penal Code and Section 27 of the Arms Act and sentenced him to undergo rigorous imprisonment for life for offence under Section 302 and 120B read with Section 302 of the Indian Penal Code and rigorous imprisonment for one year each for offence Under Section 218 of the Indian Penal Code and Section 27 of the ... T.T. Nagar where this appellant Swaminath was posted as Sub-Inspector. On the basis of the said report, appellant Swaminath registered crime No. 57/84 under Sections 294 and 506B of the Indian Penal Code against Shiv Prasad and in breach of the instructions given by his superiors and without informing them, appellant Swaminath went to Vidisha on 29-1-1984, ... doubt that appellant sent Shiv Prasad along with Constables Moolchand and Man Singh to Bhopal.27. P.W. 5 Moolchand had further stated in his evidence that after 45 minutes when he reached the Police Station T.T. Nagar, appellant sent a message that Shiv Prasad be brought to the Court for production and when he along ... Indian Penal Code and Section 27 of the Arms Act and sentenced him to undergo rigorous imprisonment for life for offence under Section 302 and 120B read with Section 302 of the Indian Penal Code and rigorous imprisonment for one year each for offence Under Section 218 of the Indian Penal Code and Section 27 of the Arms Act. Other accused persons were also found guilty of offence under Section 120B read with Section ...

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