Jharkhand Court November 2006 Judgments
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Kalinder Naik, Vs. State of Bihar (Now Jharkhand) and anr.
Court: Jharkhand
Decided on: Nov-28-2006
Reported in: [2007(2)JCR81(Jhr)]
1. All the above-mentioned three criminal appeals arise out of the same impugned judgment dated 28.9.2000 passed by the Sessions Judge, Singhbhum (West) at Chaibasa in Sessions Trial No. 134 of 1999 and, therefore, they were taken up and heard together and are being disposed of by this common judgment.2. All the appellants in the above three appeals have been convicted under Section 302/34 of the Indian Penal Code and have been sentenced to undergo RI for life.3. Brief facts leading to those appeals are that on Jitender Paik, the informant (PW 2) gave a fardbeyan to the police on 14.10.1998 at 5.00 a.m. stating that on the previous day. i.e. 14.10.1998 he along with his brother Ganeshwar Paik (the deceased) and Prasanno Paik (not examined) was returning from Anandpur Market at about 6.00 p.m. His brother Ganeshwar Paik started for the village via Satbamri Kutcha road on foot whereas he proceeded with his brother Prasanno Paik for his village via Charbandia pucca road on a bicycle. It w...
Braj Kishore Mandal and ors. Vs. the State of Bihar (Now Jharkhand)
Court: Jharkhand
Decided on: Nov-27-2006
Reported in: [2007(2)JCR51(Jhr)]
D.P. Singh, J.1. As both the appeals arise out of the same judgment, they are being heard together and disposed of by this common judgment.2. All the appellants have preferred these appeals against the judgment of conviction and sentence dated 6.8.2002 passed by 1st Additional Sessions Judge, Giridih in Sessions Trial No. 370 of 1995 whereby and whereunder appellants in Cr. Appeal No. 496/2002 have been convicted and sentenced as follows-the appellant No. 1, Braj Kishore Mandal has been convicted under Section 304 Part-II of the Indian Penal Code and appellants No. 2 to 4, namely, Rupan Mandal, Sudama Mandal and Bandhu Mandal have been convicted under Section 304 Part-II/149 of the Indian Penal Code. Further Braj Kishore Mandal, Sudama Mandal and Bandhu Mandal have been convicted under Section 148 of Indian Penal Code. Further Sudama Mandal has been convicted under Section 325 of the Indian Penal Code, Further appellants Braj Kishore Mandal and Bandhu Mandal are convicted under Section...
Annapurna Choubey and Surendra Kumar Choubey Vs. Abdul Khalique,
Court: Jharkhand
Decided on: Nov-27-2006
Reported in: 2007ACJ2567; [2007(2)JCR325(Jhr)]
M.Y. Eqbal, J.1. This appeal by the claimants-appellants is directed against the judgment and award dated 21st February, 1998 passed by the Motor Vehicles Claims Tribunal, Pakur in Title (Claims) Suit No. 12 of 1991 whereby the Tribunal awarded a sum of Rs. 51000/- only for the death of one Manish Kumar Choubey @ Pintu, a boy aged 13 years. The Claimants-appellants are the parents of the deceased.2. The facts of the case, inter alia, is that the deceased Manish Kumar Choubey @ Pintu was a student of Class-IX in Harindanga High School, Pakur. On 14.4.1991 he was run over by a truck bearing registration No. WB-65/0597 being driven rashly and negligently. The vehicle was insured with the respondent- New India Assurance Co. Ltd, Bhagalpur branch. The respondents appeared and contested the case. The respondents-Insurance Company took the plea that the truck bearing registration No. WB-65/0597 was not insured rather truck No. BHG-9230 was insured with the Insurance Company. The owner of the ...
Guddu Sanicharwa Maharaj @ Guddu Sharma Vs. State of Jharkhand
Court: Jharkhand
Decided on: Nov-27-2006
Reported in: [2007(4)JCR633(Jhr)]
ORDERD.P. Singh, J.1. Sole appellant Guddu Sanicharwa Maharaj @ Guddu Sharma stands convicted on being tried for the offence punishable under Sections 376 and 448 of the Indian Penal Code and sentenced to serve rigorous imprisonment for ten years and a fine of Rs. 5,000/-, and in default thereof to further undergo rigorous imprisonment for two years for the offence under Section 376 of the Indian Penal Code and one year for the offence under Section 448 of the Indian Penal Code, by the Additional Judicial Commissioner-cum-Special Judge No. II, CBI (AHD), Ranchi in Sessions Trial No. 349 of 1996. However, both the sentences were ordered to run concurrently.2. Brief facts leading to this appeal are that informant Rinki Kumari was inside her house when the appellant at 6.00 p.m. arrived and asked her regarding whereabouts of her mother. As soon as, she informed him that her mother had gone to fetch milk, the appellant forcible took her inside the room and committed rape upon her. The info...
National Insurance Company Vs. Pano Hansda and ors.
Court: Jharkhand
Decided on: Nov-27-2006
Reported in: 2007ACJ1553; [2007(1)JCR549(Jhr)]
ORDER1. This appeal filed by the Insurance Company is directed against the Judgment and Award dated 28.2.2004 passed by the 1st Additional District Judge-cum-Motor Vehicle Accidents Claims Tribunal, Chaibasa in compensation case No. 85 of 1988 awarding compensation of Rs. 1,65,000/- and fixed the liability upon the appellant/Insurance C6mpany.2. The facts of the case lie in a narrow compass:On 22.2.1988 the deceased Dukhu Hansda was coming from Champua to Jamshedpur by bus bearing registration No. BRS 4450. The bus was over crowded and was being driven rashly and negligently which resulted in an accident and the deceased succumbed to the injuries. The appellant-Insurance Company contested the case on the ground inter alia that the liability of the Insurance Company under the policy and also under the provisions of Section 95 of the Motor vehicles Act is restricted to Rs. 15,000/-. The Tribunal after hearing the parties assessed the compensation and held that the entire amount is to be ...
State of Jharkhand and ors. Vs. Sarbani Bose and anr.
Court: Jharkhand
Decided on: Nov-24-2006
Reported in: [2007(1)JCR578(Jhr)]
1. Challenging the cancellation of the provisional approval, the respondent filed a writ petition before this Court. The learned single Judge after hearing the counsel for the parties allowed the writ petition, quashing the cancellation order of the provisional approval. Hence this Letters Patent Appeal by the State.2. The main point urged by the counsel for the appellants is that decision of this Court rendered on 30.3.2005 in the case of Dllip Kumar Gupta and Ors v. State of Jharkhand and Ors. reported in 2005 (2) JCR 293 (Jhr), clearly indicates that the finding has been given in the said decision that Institution from which the petitioner-respondent obtained a Teacher's training certificate in the year 1992 was not existing one and as such certificate Is fake. On the basis of which the appellants were constrained to pass an order, cancelling the provisional approval. It is further submitted that as a matter of fact the provisional approval has been given on 23.7.1994 with effect fr...
Sheikh Akbar Vs. Chairman, Coal India Ltd. and ors.
Court: Jharkhand
Decided on: Nov-23-2006
Reported in: [2007(1)JCR553(Jhr)]
ORDER1. Heard the parties.2. This appeal purported to have been filed under Order XLIII, Rule 1(r), CPC is directed against the order dated 3.9.2003 passed by Sub-Judge No. 1, Deoghar by which he has rejected the suit being title (Declaration) Suit No. 147/2003.3. The plaintiff-petitioner filed the aforementioned suit for recovery of Rs. 7,27,000/-. The Court below rejected the plaint under Order VII, Rule 11(d), CPC holding that the claim was barred by limitation.4. The office gave a note regarding, maintainability of this Misc. appeal. A Bench of this Court, by order dated 20.5.2004, took the view that an appeal under Section 96, CPC will not lie and proper course is to file a Misc. appeal under Order XLIII, Rule 1 read with Section 151,CPC. Accordingly notices were issued to the respondents who appeared and raised objection with regard to maintainability of the appeal. The matter was again placed before a Bench of this Court and ultimately the matter was referred to Division Bench f...
Chaitan @ Chaitanya Pradhan Vs. the State of Bihar (Now Jharkhand)
Court: Jharkhand
Decided on: Nov-23-2006
Reported in: [2007(1)JCR588(Jhr)]
D.G.R. Patnaik, J.1. The sole appellant Chaitan @ Chaitanya Pradhan was charged with, tried and convicted for the offence under Section 307 IPC and sentenced to undergo R.I. for 7 years and a fine of Rs. 2000/- by the lst Additional Sessions Judge. Chaibasa vide order dated 20.09.1999 passed in Sessions Trial No. 208 of 1994. The appellant has challenged the aforesaid order of conviction and sentence.Briefly stated, the facts of the case is that in the evening of 20.4.1993 at about 8.00 PM, the informant namely Rishikesh Pradhan (PW1) after having his dinner, was sitting in front of his house by the side of the road. The accused Chaitan came there flashing torch and began abusing the informant as to why he had shown his house to the police. While so abusing, he whipped out a knife, aiming a blow at the informant. In his attempt to ward off the blow, the informant sustained injury on the thumb of his right hand, but he could not prevent the knife blow inflicting grievous injury on his a...
The Management of Bokaro Steel Plant Vs. the Concerned Workman and the ...
Court: Jharkhand
Decided on: Nov-23-2006
Reported in: [2008(1)JCR344(Jhr)]
R.K. Merathia, J.1. Heard.Petitioner has prayed for quashing the order of reference dated 4.10.2001 (Annexure 1) issued by respondent No. 2, whereby and whereunder purported dispute raised by the concerned workman (respondent No. 1) was referred for adjudication before the Labour Court; and also for quashing the order dated 25.11.2003 passed in Reference Case No. 9 of 2001 by the Presiding Officer, Labour Court, Bokaro Steel City, Bokaro under which petitioner's application for deciding the preliminary issue was rejected.2. Relevant facts in short are as follows. A complaint was made by one Baru Gorain son of Fakir Gorain before the management that the concerned workman is in fact Sona Ram Teli son of Karu Gorain and also that the name of wife children declared in service records are false and that he got employment by impersonation whereas the complainant was entitled to employment being a displaced person. In the preliminary enquiry held by vigilance department, the complainant's all...
Baid Nath Mahato Vs. State of Bihar
Court: Jharkhand
Decided on: Nov-23-2006
Reported in: [2007(1)JCR581(Jhr)]
1. This is appeal is directed against the judgment of conviction and order of sentence dated 28.9.96 passed by the learned Additional Sessions Judge, Singhbhum West, Seraikella in Sessions Trial No. 382/94, whereby and whereunder the learned Sessions Judge held the appellant guilty under Section 302 IPC and convicted and sentenced him to undergo RI for life.2. The factual matrix leading to this appeal are that in the morning of 20.6.94 the deceased More Mahato was grazing his cattle when the appellant Baid Nath Mahato assaulted him with stone resulting in his death. According to the informant Ghanshyam Mahato, this was reported to him by PW 2 Bhogta Mahato, brother of the deceased on the road when he was going to see his field. The informant along with PW 2 rushed towards the PO. According to PW 1, when they were going towards the PO they found the appellant fleeing away and stopped by them and asked why he has committed this murder. The informant further asserted that the appellant th...
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