Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Penal Code 1860 Ss. 109 Band 307 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Penal Code, 1860; Ss. 109B and 307/Explosive Substance Act; Ss. 3 and 4:Attempt to murder - Accused hurled bomb towards victim and other with the intention to kill them - F.I.R. - Investigation - Trial Court found accused persons guilty of committing offence punishable u/s.307/109B IPC but acquitting them from charges u/ss.3 and 4 of the Explosive Substances Act - Dismissing Revision Petition filed by the victim. High Court allowed the appeal of the accused - On appeal, Held: Injury on the part of the victim is not a pre-requisite for convicting the accused u/s.307 IPC - However, intention and, knowledge are the necessary ingredients for attracting Section 307 IPC - Applying the legal principles/provisions u/s. 307 IPC to the facts of the present case, judgment of the High Court cannot be sustained - Hence, the matter remitted to High Court for consideration afresh.On 3.2.1994, when the informant was returning on his motorcycle along with PW7, who was sitting on the back seat, accused as also one unknown person, were standing on the road. The accused ordered to kill the informant whereupon the co-accused took out a bomb from his bag and hurled the same towards them. The bomb, however, did not explode. Another bomb was hurled by the accused towards the informant. It exploded but the informant did not sustain any injury. Several persons assembled at the spot whereupon, the accused allegedly chased them with his licensed gun. The incident was witnessed by several witnesses. Besides the victim, the prosecution examined PW-3, brother of the informant, PW-4, cousin of the informant, PW-2, PW-5, father of the informant and PW-7, PW-9, Assistant Director, Regional Forensic Science Laboratory. Motive for commission of the offence is said to be rivalry inter se between the parties in regard to grant of railway contract(s). Trial Court found the accused guilty for commission of an offence under Section 307/109B of the Indian Penal Code but acquitted them from the charges under Sections 3 and 4 of the Explosive Substance Act on the ground that no sanction from the appropriate authority had been obtained therefor. Accused was convicted under Section 307 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for five years and co-accused was convicted under Section 307/109 IPC and sentenced to undergo rigorous imprisonment for three years. An appeal was preferred by the convicts before the High Court. The first informant also filed a criminal revision application against the judgment and order of the trial Court, which was allowed by the High Court dismissing the appeals filed by the convicts. Hence the present appeal. |
Judge | Hon'ble Mr. Justice S.B. Sinha |
Neutral Citation | 2007 INSC 1059 |
Petitioner | Prakash Chandra Yadav |
Respondent | State Of Bihar And Ors. |
SCR | [2007] 11 S.C.R. 231 |
Judgement Date | 2007-10-12 |
Case Number | 1427 |
National Digital Library of India (NDLI) is a virtual repository of learning resources which is not just a repository with search/browse facilities but provides a host of services for the learner community. It is sponsored and mentored by Ministry of Education, Government of India, through its National Mission on Education through Information and Communication Technology (NMEICT). Filtered and federated searching is employed to facilitate focused searching so that learners can find the right resource with least effort and in minimum time. NDLI provides user group-specific services such as Examination Preparatory for School and College students and job aspirants. Services for Researchers and general learners are also provided. NDLI is designed to hold content of any language and provides interface support for 10 most widely used Indian languages. It is built to provide support for all academic levels including researchers and life-long learners, all disciplines, all popular forms of access devices and differently-abled learners. It is designed to enable people to learn and prepare from best practices from all over the world and to facilitate researchers to perform inter-linked exploration from multiple sources. It is developed, operated and maintained from Indian Institute of Technology Kharagpur.
Learn more about this project from here.
NDLI is a conglomeration of freely available or institutionally contributed or donated or publisher managed contents. Almost all these contents are hosted and accessed from respective sources. The responsibility for authenticity, relevance, completeness, accuracy, reliability and suitability of these contents rests with the respective organization and NDLI has no responsibility or liability for these. Every effort is made to keep the NDLI portal up and running smoothly unless there are some unavoidable technical issues.
Ministry of Education, through its National Mission on Education through Information and Communication Technology (NMEICT), has sponsored and funded the National Digital Library of India (NDLI) project.
Sl. | Authority | Responsibilities | Communication Details |
---|---|---|---|
1 | Ministry of Education (GoI), Department of Higher Education |
Sanctioning Authority | https://www.education.gov.in/ict-initiatives |
2 | Indian Institute of Technology Kharagpur | Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project | https://www.iitkgp.ac.in |
3 | National Digital Library of India Office, Indian Institute of Technology Kharagpur | The administrative and infrastructural headquarters of the project | Dr. B. Sutradhar bsutra@ndl.gov.in |
4 | Project PI / Joint PI | Principal Investigator and Joint Principal Investigators of the project |
Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon |
5 | Website/Portal (Helpdesk) | Queries regarding NDLI and its services | support@ndl.gov.in |
6 | Contents and Copyright Issues | Queries related to content curation and copyright issues | content@ndl.gov.in |
7 | National Digital Library of India Club (NDLI Club) | Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach | clubsupport@ndl.gov.in |
8 | Digital Preservation Centre (DPC) | Assistance with digitizing and archiving copyright-free printed books | dpc@ndl.gov.in |
9 | IDR Setup or Support | Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops | idr@ndl.gov.in |