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ANUBHA RAWAT CHOUDHARY
Devendra Nath Choubey S/o Rameshwar Nath Choubey – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
1. This criminal revision petition is directed against the judgment dated 09.06.2017 passed by the learned Additional Sessions Judge 1st, Bokaro in Criminal Appeal No.13 of 2005 whereby and whereunder the learned appellate court has affirmed the conviction of the petitioner under Sections 353, 504/34 of the Indian Penal Code (hereinafter referred to as IPC) but modified the sentences awarded to the petitioner to undergo Simple Imprisonment for 06 months with fine of Rs.500/- for each offence with default sentences. Both sentences were directed to run concurrently.
2. Vide Judgment of conviction and the order of sentence dated 07.02.2005 passed by the learned Judicial Magistrate, 1st, Class, Bokaro in G.R. Case No.559 of 2003/Trial No.15 of 2005 (arising out of Pindrajora P.S. Case No.52 of 2003 dated 05.07.2003), the petitioner along with Banamali Singh Choudhary and Ramlal Singh were convicted for offence under Sections 353, 504/34 of IPC and had sentenced them to undergo Simple Imprisonment for two years under Sections 353 and 504 of IPC for each offence and had directed that the sentences shall run concurrently. The learned trial court had acquitted the petitioner and c
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The main legal point established in the judgment is that assaulting a public servant to deter them from discharging their duty constitutes offences under Sections 332 and 353 IPC, and the court may c....
Assault and insult of public servant with intent to provoke breach of peace – Calling someone “Pakistani” does not amount to hurting religious sentiments.
The main legal point established in the judgment is that medical evidence is not always necessary to prove the charge under Section 323 I.P.C., and intentional insult is essential to establish the of....
The essential elements required under Section 353 IPC were not established, leading to the quashing of the FIR as an abuse of process of law.
(1) Investigation of non-cognizable cases – Even if police receives any such complaint relating to non-cognizable offence, police cannot start investigation without there being a green signal from Ma....
Obstructing public servants in performing their public duty – What is required to establish criminal force is intentional use of force to any person without that person’s consent in order to committi....
Conviction for violence against medical personnel does not require medical evidence to prove injury severity; FIR delays do not negate prosecution if reasonable.
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