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Search Results Judgments > Act: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 ...

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 ...

Apr 18 2008

Sunil Kumar Ghosh and Ors. Vs. State of West Bengal

  • Decided on : 18-Apr-2008

Court : Kolkata

Reported in : (2008)3CALLT16(HC)

... Section 148 of the Indian Penal Code and were sentenced to suffer rigorous imprisonment for a period of three years. The appellants No. 1 to 13 were also convicted under Section 302 read with Section 149 of the IPC; under Section 436 read with Section 149 of the IPC and under Section 201 read with Section ... Section 45 of the Evidence Act, go to show that the opinion given by the doctor, who held the postmortem examination, can never be substantive evidence in the absence of examination of the doctor who held that opinion. We are of the opinion that in a case covered by Section 294(1), CrPC the matters which could be 'read in evidence' under Section 294 ... because it is a case based on Section 149 of the Indian Penal Code. An unlawful assembly resorted to these ... Section 60 of the Evidence Act, if considered with the provisions in Section 45 of the Evidence Act, go to show that the opinion given by the doctor, who held the postmortem examination, can never be substantive evidence in the absence of examination of the doctor who held that opinion. We are of the opinion that in a case covered by Section 294 ... Section 294, CrPC. The provisions of Section 294, CrPC relate to formal proof of certain documents. The marginal note to that Section is, 'no formal proof of certain documents.' This marginal note suggests that Section 294, CrPC is intended to avoid wastage of time for proof of certain documents, formal proof of which can be dispensed with in the circumstances mentioned in Section 294 ...

May 08 2006

Babulal Vs. State of Madhya Pradesh

  • Decided on : 08-May-2006

Court : Madhya Pradesh

Reported in : 2005(4)MPLJ176

... assail his conviction under Section 302 of the Indian Penal Code, recorded by judgment dated 2241-1997 of the learned Sessions Judge, Mandsaur, passed in Sessions Trial No. 79/1997 by which the appellant has been sentenced to imprisonment for life.2. The appellant was indicted for offence punishable under Section 302 of the ... right was claimed to call the Doctor to cross-examine him on the basis of the report, notwithstanding that the report had been admitted under Section 294 of the Cr.PC. It was observed that the defence Counsel having accepted the genuineness of the document, should not be estopped from cross- ... acted upon by the prosecution unless the same is proved by examining the expert who had tendered the said opinion in the manner prescribed by Section 45 of the Evidence Act. In this connection, reference has been made to a Division Bench decision of this High Court in Nahadariya v. State ... accused to cross-examine the expert on his report is concerned, it does not get extinguished merely because he has admitted the report under Section 294 of the Cr.PC. However, otherwise, it is binding subject to his right to call the expert concerned for cross-examination.10. Adverting to ... report is available to confirm that the alleged stains were that of human blood.9. learned Counsel has submitted that upon admission of a document under Section 294 of the Cr.PC, the contents of the document had not become admissible but only the formal proof of the said document was dispensed with ...

Jan 30 2002

Jugal Kishore Singh Vs. State of West Bengal

  • Decided on : 30-Jan-2002

Court : Kolkata

Reported in : (2002)1CALLT528(HC)

... passed by the Additional Sessions Judge, Hooghly in Sessions trial No. 110 of 1993 whereby the convict/appellant has been convicted under Section 304 part - II of the Indian Penal Code and sentenced to suffer rigourous imprisonment for four years. Briefly stated the prosecution case as mainly emerged from the recital contained in ... Section 45 of the said Act go to show that the post mortem in absence of the examination of the doctor who held the post mortem examination is not a substantive evidence and the expression read in evidence does not mean read as substantive evidence. In a case where post mortem report is covered under Section 294 ... contended on behalf of the accused/appellant that the said report was made an exhibit in connection with this case with the aid of Section 294 of Code of Criminal Procedure due to the fact that the autopsy surgeon, who held the post mortem on the dead body of the victim was ... of Section 294 of Cr.PC, has introduced the post mortem report into evidence as exhibit 5 Inspite of raising specific objection by the defence and as such this was not in accordance with the provisions of Section 294(1) of Cr.PC. rather there was an infraction of the provision of Section 294 ... view of the bar of Section 60 of the Evidence Act. Here, in this case the post mortem report which has been marked as exhibit 5, even after raising dispute from the side of the accused appellant, does not, therefore, come under Section 294(1) or under Section 294(3) of Cr.PC ...

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 ...

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 ...

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 ...

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 ...

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. : ...

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