Jharkhand Court January 2006 Judgments
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Daso Mian and ors. and Basir Mian and ors. Vs. State of Jharkhand
Court: Jharkhand
Decided on: Jan-24-2006
Reported in: 2006CriLJ2520; [2006(2)JCR6(Jhr)]
ORDER1. Cr. Appeal No. 185/05 is by A-1, A-3 and A-4, whereas Cr. Appeal No. 186/05 is by A-5. A-2 and A-6 respectively is Sessions Case No. 282 of 1991/85 of 2002. The appellants in the above appeals will be referred as A-1 to A-6 in the same order as they were arrayed before the Trial Judge for the sake of convenience. All the accused Nos. 1 to 6 were tried for the offences punishable under Sections 302/34 and 307/34 IPC. The allegation against them in the charge is that they, In furtherance of their common intention, went to the field which was in possession of PW 4, Hanif Mian, who is the son of the deceased, Rustam Mian had attacked the deceased, Rustam Mian with Tangi and Lathis and that during the course of said transaction, they also caused injury to PW 4, Hanif Mian and that on account of the injuries suffered by the deceased, Rustam Mian died at the Government Hospital, Jamtara where he was taken for treatment. The Trial Judge, finding the accused guilty under Section 302/34 ...
State of Jharkhand Vs. Suresh Prasad Mehta @ Mahto and anr.
Court: Jharkhand
Decided on: Jan-23-2006
Reported in: 2006CriLJ2498; [2006(1)JCR435(Jhr)]
M.Y. Iqbal, J. 1. The appellants, two in number, were arrayed as A1 and A2. Appellant No. 1 namely, Suresh Prasad Mehta @ Mahto and appellant No. 2 namely, Mukesh Kumar Mehta @ Mahto, both aged about 20 years, were charged under Section 364-A, 323, 376, 302 and 201/34 of Indian Penal Code The allegation against the appellants is that while PW 12 Bishun Mahato was returning with his daughter, Malti Kumari, from Gaddi after selling potatoes, they were waylaid at 6.00 p.m. on 10.12.2001 and that thereafter injuries were inflicted on PW 12 Bishun Mahato, as he could not pay any amount as demanded by the appellants and further PW 12 was asked to go and bring a sum of rupees twenty thousand to get his daughter Malti Kumari released from their custody and further she was raped and murdered. The trial Court: finding the appellants guilty as charged sentenced each of them to death under Section 364A, 302/34of Indian Penal Code; each of them was directed also to pay a fine of Rs. 10,000/- under ...
State of Jharkhand Vs. Ishwarnath Mishra and anr.
Court: Jharkhand
Decided on: Jan-20-2006
Reported in: [2006(2)JCR180(Jhr)]
ORDER1. The appellants in Cr. Appeal No. 499/05 were arrayed as A1 and .A2 in S.T. No. 140 of 1996/Trial No. 16/2003 before Addl. Judicial Commissioner, F.T.C. No. VIII, Ranchi, and along with them, Basant Mahto was also arrayed as A3. Charges were framed against the appellants along wih Basant Maho for the offence under Section 302 read with Section 34 and 120B IPC on the allegations that at about 9.00 p.m. on 26.6.1995, the appellants and Basant Mahto, in pursuance of a conspiracy hatched, committed the murder of Shiv Kumar Nath Mishra (Dl), Deo Dahi Devi (D2), their daughters Munni Kumari (D3) and Neelam Kumari (D4), by using sharp cutting weapons, inflicting several injuries on their persons. Learned Trial Judge, while acquitting Basant Mahto of all the charges and also acquitting the appellants under Section 120B IPC, found the appellants guilty for the offence under Section 302 read with Section 34 IPC and awarded death sentence to them. The appellants, aggrieved by the said orde...
Sita Ram Yadav Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jan-19-2006
Reported in: [2006(2)JCR91(Jhr)]
ORDERR.K. Merathia, J.1. Heard the parties.2. The petitioner has prayed for quashing the order dated 9.3.2005 passed in BSE Case No. 11 of 1993 by Presiding Officer, Labour Court, Jamshedpur holding that Mahatma Gandhi Memorial Medical College (MGM), Jamshedpur, is not an establishment within the meaning of Bihar Shops and Establishment Act and Rules (the 'Act' in short).3. According to the petitioner, he was terminated on 1.5,1993 without any notice, against which he filed the said case.4. The college is a teaching institution imparting medical education. There is nothing to show that the said college is an establishment which carries on any business, trade or profession or any work in connection with, or incidental or ancillary to any business, .trade or profession.5. In Paragraph 89 of the judgment reported in (2005) 6 SCC 537, P.A. Inamdar and Ors. v. State of Maharashtra and Ors., the Hon'ble Supreme Court said thus :-89. Education accepted as a useful activity, whether for charit...
State of Jharkhand Vs. Lal Singh Mati Soy
Court: Jharkhand
Decided on: Jan-19-2006
Reported in: 2006CriLJ1876; [2006(2)JCR177(Jhr)]
ORDER1. Both the criminal appeals are by the same appellant, Lal Singh Mati Soy. Criminal Appeal No. 945 of 2004 has been preferred by him from jail. The appellant was tried along with four other accused who were arrayed as accused Nos. 2 to 5 before the Additional Sessions Judge, Fast Track Court, Seratkela who faced charges under Sections 376(2)(g), 302, 201/34 of the Indian Penal Code. The appellant was also charged under Section 366, IPC. The trial court, finding the other accused not guilty, acquitted them of the charges and convicted this appellant alone for the offence under Sections 376(2)(g), 302 and 366, IPC and he was sentenced to death.2. According to the prosecution, the allegation against the appellant and the other accused who were arrayed as accused Nos. 2 to 5 in the trial Court, is that on 16.5.2003 Lal Singh Mati Soy, who is the appellant in both the appeals, took away Surumai Godsora, the daughter of PW 5 and later she was gang raped and murdered.3. The trial Court,...
Bajrangi Saw Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jan-18-2006
Reported in: [2006(2)JCR20(Jhr)]
ORDERN. Dhinakar, C.J.1. The petitioner is aggrieved against the order of the 1st Additional Sessions Judge, Garhwa passed in Criminal Revision No. 83 of 2002.2. The petitioner was opposite party No. 1 in the aforesaid Criminal Revision. Proceedings under Section 144 of the Code of Criminal Procedure were initiated before the Magistrate in Misc. Case No. 414/2002. on the ground that there is likelihood of breach of peace In respect of a land in Khata No. 376, Plot No. 1215 measuring an area of 4.75 acres in village Hariharpur. The learned Magistrate commenced the proceedings on 11.9.2002 after issuing notice to the parties. The learned Magistrate thereafter passed an order on 9.9.2002 and the same was challenged before the 1st Additional Sessions Judge in Cr. Revision No. 83/2002. The learned Sessions Judge set aside the order of the Magistrate. Hence, the present revision.3. I have perused the order of the learned Sessions Judge passed on the said revision. The learned Sessions Judge ...
Yaqub Paul Vs. State of Jharkhand
Court: Jharkhand
Decided on: Jan-18-2006
Reported in: II(2006)ACC740
N. Dhinakar, C.J.1. The petitioner, on being tried for the offence punishable under Sections 279 and 304A, IPC, was found guilty as charged and sentenced to six months and two years respectively with a direction that the sentences of imprisonment will run concurrently.2. The petitioner, aggrieved by the said order of conviction and sentence passed by the Judicial Magistrate, 1st Class, Khunti, filed an appeal and the Appellate Court confirmed the order of conviction and sentence passed by the Trial Court by dismissing the said appeal. Hence, the present revision.3. The petitioner was a driver and was driving his vehicle, Tata Sumo, at about 6.15 p.m. on 11.6.2001 on the National Highway No. 33, at that time the informant Thakur Prem Prakash Narayan, who was examined as P.W. 5 and his brother Thakur Shiv Prakash Narayan, were returning to Ranchi in two separate motorcycles. While they were at Edelhatu the Tata Sumo driven by the petitioner dashed against the motor-cycle in which Thakur ...
Dr. Krishna Mohan Prasad and ors. Vs. Central Bureau of Investigation, ...
Court: Jharkhand
Decided on: Jan-18-2006
Reported in: [2006(2)JCR21(Jhr)]
ORDERN. Dhinakar, C.J.1. The petitioners were arrayed as accused to face charges under Sections 409, 420, 467, 468, 477-A and 120-B of the Indian Penal Code as well as under Section 13(2) read with Section 13(1) (c) and (d) of the Prevention of Corruption Act, 1988.2. The allegation in short against the petitioners is that in between 1990-91 and 1994-95, the accused in the crime entered into a criminal conspiracy cheated the Government of Bihar to a tune of Rs. one crore by showing bogus supplies against fake bills submitted by private suppliers and further an amount of Rs. 75,21,800/- which was allotted to the office of the Project Officer, Frozen Semen Bank, Hotwar, Ranchi was misappropriated by manipulating documents. The trial proceeded and the witnesses were examined. The prosecution was closed. The petitioners thereafter filed a petition under Section 319, Cr PC with a prayer that PWs 13, 18, 30 and 41 have to be arrayed as accused in view of the some of the admissions made by th...
Awadesh Kumar Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jan-18-2006
Reported in: 2006CriLJ1889; [2006(109)FLR342]; [2006(2)JCR107(Jhr)]
ORDERN. Dhinakar, C.J.1. This revision is against the judgment of acquittal of opposite 'parties No. 2 to 12 by order dated 15.12.2004 passed by the Judicial Magistrate, First Class, Giridih in Complaint Case No. 107 of 1998 (TR No. 1362 of 2004). The proceedings were initiated against opposite parties 2 to 12 by way of a private complaint for offences punishable under Sections 323, 341, 379, 427, 147 and 447 of the Indian Penal Code. The allegation in the complaint is that at 11 a.m. on 7.2.1998, opposite parties No. 2 to 12 armed with bows, arrows, axes etc. jumped over the boundary wall of the complainant's land, damaged potatoes, tomatoes and brinjals after digging and plucking them and that when the complainant petitioner Requested them not to do so, the opposite parties 2 to 3 chased him with bows, arrows etc. and escaped by climbing over a tree. According to the complainant petitioner, the witnesses who rushed to the scene on hearing the alarm requested the opposite parties No. ...
Smt. Rajeshwari Vs. State of Jharkhand
Court: Jharkhand
Decided on: Jan-17-2006
Reported in: [2006(1)JCR265(Jhr)]
ORDERN. Dhinakar, C.J.1. The opposite party Nos. 2 to 4 were tried before the Sessions Judge under Sections 302, 201 and 120-B of the Indian Penal Code, on an allegation that at about midnight of 24.10.1992, the opposite party No. 4 took the deceased Prakash Rao from his house and thereafter he was murdered by Opposite Party Nos. 2 to 4 with a view to get the benefit of provident fund, gratuity and the policy amount covered by the Life Insurance Corporation of the deceased.2. The case of the prosecution was rejected by the lower Court on the ground that it did not succeed in establishing the motive, since it found on the materials produced before it that the amount covered by the Life Insurance Policies were, in fact, paid to PW 5 the wife of the deceased, Prakash Rao, even before the murder took place and that in some of the documents where Opposite Party No. 3 had been shown as nominee was also replaced by the name of his wife, Rajeshwari Devi (PW 5) even as early as on 20th February...
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