Court : Andhra Pradesh
Reported in : 2003CriLJ2242
..... appeals are filed against the judgments of the courts of sessions division at karimnagar in several sessions cases tried for offences under sections 395, 396, 399, 400 and 402 of indian penal code (ipc). inasmuch as many of the appellants figured as accused in several cases and since common questions of fact and law arise, the appeals are disposed of through common judgment.2 ..... the appellants have been found to have committed several dacoities. their involvement was so rampant that the state had to prosecute them for offences under sections 399, 400 and 420 ipc. they have rendered the lives of many persons, particularly the rural folk, miserable and vulnerable.63. the evidence on record discloses that this is one of the fittest cases ..... convicted them for the said offences.58. for the offence under section 399 ipc, it sentenced them to undergo ri for 7 years; for the offence under section 400, to undergo ri for 7 years; for the one under section 402, to undergo ..... for the purpose of habitually committing dacoities and for assembling for the purpose of committing dacoities. in view of their convictions in various cases tried for offences under section 395 ipc, and on being satisfied that the said appellants belong to the gang of persons associated with habitually committing dacoities and about their having assembled for committing dacoity, the trial court .....Tag this Judgment!
Court : Allahabad
Reported in : 2001CriLJ1765
..... courts below to take cognizance, commit and try the case relating to crime no. 198 of 1992 under sections 153a, 153b and 505 of the indian penal code, police station ram janarn bhumi, ayodhya, district faizabad. however, the mistake in issuing the said notification dated 8th oct., 1993 is curable and it ..... has been held by the hon'ble supreme court as under : -- in the above context we may refer to the provisions of section 120a of the indian penal code which defines criminal conspiracy. it provides that when two or more persons agree to do, or cause to be done, (1) an illegal act or ..... to try the case specified in the schedule below :schedule1. case relating to crime no. 198/92 under sections 153a, 153b and 505 of the indian penal code, 1860, p.s. ram janam bhumi, ayodhya, district faizabad, state v. sri ashok senghal and others.10. before the court of special judicial ..... and another) the revisionist is to be charged with offences punishable under sections 147, 153a, 153b, 295, 295a, 505 read with section 120b of the indian penal code (hereinafter referred to as the i.p.c.).3. in criminal revision no. 201 of 1997 (ms. uma bharti alias gajra singh and others v. ..... (i) kehar singh v. state (delhi administration) : 1989crilj1 . in this case the apex court while dealing with sections 120a, 120b of the indian penal code and section 10 of the indian evidence act laid the following principles necessary to prove the conspiracy (para 44 of air) : -- (1) there shall be a prima facie evidence .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1986SC2045; (1986)88BOMLR260; 1986CriLJ1922; 1986(1)SCALE745; (1986)2SCC716; 2SCR621
..... that in the specific cases of contributions received by the igpp the accused is further guilty of committing an offence of cheating under section 427 of the indian penal code. the accused embarked upon a systematic campaign to associate the name of the prime minister of india, mrs. indira gandhi with this trust in order ..... two permits in favour of hira nandani enterprises and udyogik shramik kamgar housing society the first respondent had committed offences under sections 161 and 165 of the indian penal code, sub-sections 1(d) and (2) of section 5 of the prevention of corruption act, 1947. 15. we shall presently proceed to consider whether ..... on 18th april 1981. on these facts the learned counsel appearing on behalf of the appellant submitted that offences under section 161, 165 of the indian penal code and section 5(2) read with section 5(1)(d) of the prevention of corruption act 1947 were clearly made out on behalf of the ..... into account. 3. the second point on which considerable controversy was raised before us related to the scope and ambit of section 165 of the indian penal code. i agree with my learned brother that it may not be desirable at this stage to define the precise ambit and coverage of section 165 because ..... sub-section (1) of section 4 of that act provides that where in any trial of an offence punishable under section 161 or section 165 of the indian penal code or of an offence referred to in clause (a) or clause (b) of sub-section (1) of section 5 of that act it is proved .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR2003SC2545; 2003(2)ALD(Cri)292; 2003(2)ALT(Cri)142; 2003(51)BLJR1697; 2003CriLJ3041; 2003(3)CTC356; (2003)182CTR(SC)1; 104(2003)DLT699(SC); 2003(87)ECC473; 2003(155)ELT4
..... perusal of the certificate would show that the settlement underthe kar vivad samadhan scheme, 1998 gives immunity only from prosecution underrelevant taxing statute and not under the indian penal code. concluding hisarguments, he submitted that the criminal proceedings cannot be quashed merely onaccount of the fact that customs duty payment has been settled.before proceeding to ..... exist in the said case and thatthere is nothing in the said judgment warranting the plea of the appellants, in thepresent case, the criminal proceedings under the indian penal code are prohibitedmerely because disputes concerning tax have been settled under the kar vivadsamadhan scheme, 1998. according to him, such settlement only protects theindividual from prosecution under ..... none of these grounds exist in the present case. according to him, inthe present case, material on record clearly show and establish commission ofoffences under the indian penal code by the appellants and since the charges aresupported by documentary evidence which establish the same, there is no warrant orjustification or basis for seeking the relief of ..... that the material gathered in the investigation clearly showand establish commission of offences by the accused persons indicating theappellants herein under sections 420 and 120b of the indian penal code and thatthere is no infirmity in the order of the chief metropolitan magistrate takingcognizance or in the order of the high court declining to quash criminal proceedingsat .....Tag this Judgment!
Court : Supreme Court of India
Reported in : 2009(57)BLJR1546; JT2009(8)SC305; 2009(6)SCALE438; (2009)12SCC757; 2009(4)LC1937(SC)
..... 148, 302 part ii read with sections 149, 325 read with sections 149, 324 read with section 149 and 323 read with section 149 of the indian penal code, 1860 (in short the `ipc'). they were convicted in the following manner:name convic sentence amount sentenceof tion awarded of awardedconvict recorded fineunder imposed insection defaultofpaymentoffine1. dalip 304 five rs.700 ..... / foursingh part ii years ri monthsipc each - ri2. mir readsingh with149ipc3. pars 325 three rs.300/ twohadi ipc years ri - each monthsread each riwith149 twoipc years rieach324ipc sixread monthswith ri each149ipc twoyears ri323 eachipcreadwith149ipc148ipc1. siri 304 seven rs.100 sixkrishan part ii years ri 0/- monthsipc ..... were initiated against him after obtaining sanction from the concerned commanding officer. this was the reason that a supplementary challan was filed qua him and ultimately all the accused were tried together. charge under sections 148, 302, 323, 325, 324 and 323 read with section 149 ipc were framed against ..... habib section 302 ipc was added. during the investigation the accused persons were arrested on different dates and weapons of offence were recovered from them, which were taken into possession. after the completion of the investigation, all the accused were challaned. it is worth mentioning here that since siri kishan accused was serving in indian army, proceedings .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR2003SC11; 2002(2)ALD(Cri)871; 2002(2)ALT(Cri)355; 2003CriLJ69; II(2002)DMC776SC; JT2002(8)SC502; RLW2003(2)SC200; (2003)1SCC217; SUPP3SCR339; 2003(1)LC101(SC)
..... cruelty and harassment as did drive the said krishna kumari to commit suicide, and thereby committed an offence punishable under section 498a of the indian penal code and within the cognizance of this court.'(underlining for emphasis)22. mere omission or defect in framing charge does not disable the criminal court ..... relative of her husband.explanation - for the purposes of this section, 'cruelty;shall have the same meaning as in section 498a of the indian penal code.'(underlining for emphasis)19. both the courts below have found the husband guilty of cruel treatment of his wife and as a result the ..... expression 'death of a woman is caused ..... or occurs otherwise than under normal circumstances' as used in section 304b of the indian penal code. see satvir singh v. state of punjab : 2001crilj4625 .16. the evidence which has been found acceptable by the courts below against accused no. ..... caused the dowry death.explanation - for the purpose of this section, 'dowry death' shall have the same meaning as in section 304bof the indian penal code.'15. the legal position firmly established is that 'suicidal death' of a married woman within seven years of her marriage is covered by the ..... for the marriage of the said parties.explanation ii - the expression 'valuable security' has the same meaning as in section 30 of the indian penal code.section 113b of the evidence act raises a presumption against the accused and reads:-113-b presumption as to dowry death - when the question .....Tag this Judgment!
Court : Rajasthan
Reported in : RLW2005(1)Raj9
..... 59. for the reasons stated above, the findings of conviction recorded by the learned sessions judge for the offence under sections 302/149 and 148 ipc against the accused appellants gajanand, sukha ram, sita rani, dula ram, lal singh and hukmi chand cannot be sustained and further, the findings ..... sahiram and mahaveer singh for the offence under section 302 read with section 149 ipc, but since the accused appellants sahiram and mahaveer singh inflicted the injuries on the head and other parts of body of deceased, therefore, the ..... sahiram and mahaveer singh are liable to be altered in the manner that they are liable to be convicted under section 302 ipc instead of 302/149 ipc.57. it maybe stated here that no doubt there was a constructive charge against all the accused appellants including the accused appellants ..... head of the deceased and other parts of body, the accused appellants sahiram and mahaveer singh have committed the offence punishable under section 302 ipc or not.56. in our considered opinion, looking to the entire facts and circumstances of the case and the facts that the accused appellants ..... and every accused appellant had not caused injuries to the deceased, therefore, all accused appellants have been erroneously convicted with the aid of section 149 ipc. from this point of view also, the findings of the learned sessions judge are erroneous one and liable to be set aside.(iii) that .....Tag this Judgment!
Court : Rajasthan
Reported in : RLW2004(4)Raj2240
..... have had his own motive for killing parmeshwar is not relevant in determining the common object or intention required under section 34 of the indian penal code. the common intention or object in this case was the killing of parmeshwar. lakhan sao's facilitating the offence by holding parmeshwar and asking ..... nexus with the offence. the act done by appellant om prakash is sufficient fasten him with the liability on the strength of section 34 ipc as both the appellants committed the murder of dilip in furtherance of their common intention.43. learned counsel for the appellants, relying upon a ..... to catch such non-participating accused. thus participation in the crimine in furtherance of the common intention is a sine qua non for section 34 ipc. exhortation to other accused, even guarding the scene etc. would amount to participation. of course, when the allegation against an accused is that ..... '. in this way, accused om prakash shared a common intention with appellant jai singh in respect of ultimate criminal act.36. section 34 ipc recognises principle of vicarious liability in criminal jurisdictions. it makes an accused liable for the ultimate criminal act done by several co-accused persons in ..... section 300 clearly brings out this point.'35. we now proceed to decide the question whether conviction of appellant om prakash under sections 302/34 ipc is sustainable or not? the learned trial court, on appreciation of evidence, came to a conclusion that accused om prakash caught hold of deceased .....Tag this Judgment!
Court : Patna
..... to bring his case within the terms of section 80 of the indian penal code, the court may hold that the ingredients of the offence have not been established or that the prosecution has not made out the case against the ..... i.e., it was done without any intention or requisite state of mind, which is the essence of the offence within the meaning of section 300 indian penal code, or at any rate may throw a reasonable doubt on the essential ingredients of the offence of murder. in that event, though the accused failed as ..... has to prove that the accused shot dead the deceased intentionally and thereby committed the offence of murder within the meaning of section 300 of the indian penal code; the prosecution has to prove the ingredients of murder and one of the ingredients of that offence is that the accused intentionally shot the deceased; the ..... the occurrence and at the time of occurrence as well. thus, the exceptional plea of insanity as envisaged by the provisions of section 84 of the indian penal code was taken. the provision reads as under-'nothing is an offence which is done by a person who, at the time of doing it, by ..... of insanity or any plea of general exception or any provision which brings the act out of the purview of a defined offence either in the penal code or in any other enactment has to be substantiated by the appellant.20. section 105 of the evidence act requires, the accused to prove the .....Tag this Judgment!
Court : Patna
..... the purpose of this section, 'dowry death', shall have the same meaning as in section 304b of the indian penal code (45 of 1860).it is manifest on a plain reading of section 113b of the indian evidence act that once an offence under section 304b is proved, a rebuttable presumption attaches to the guilt ..... have examined the doctor who had treated her. that would have gone long way in rebutting the presumption which attaches to section 113b of the indian evidence act.10. we have perused the materials on record and considered the submissions of learned counsel for the parties. it appears to us that ..... the defence of natural death. it is another matter that their evidence has, on close scrutiny, been rejected by this court. section 304b of the ipc, inter alia, provides that, in case of a dowry death, the accused persons shall be punished with imprisonment for a term which shall not be ..... commenced investigation and submitted charge-sheet recommending trial of the two appellants under section 302 read with section 34 as well as section 201 of the ipc. the learned sessions judge framed the charges against the two appellants under the said sections.5. the prosecution examined four witnesses in support of its ..... of the accused. in other words, once the offence under section 304b of the ipc is proved, the onus by automatic operation of law .....Tag this Judgment!