Jharkhand Court April 2006 Judgments
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Prakash Rajak and ors. Vs. State of Bihar (Now Jharkhand)
Court: Jharkhand
Decided on: Apr-13-2006
Reported in: 2006CriLJ3936
1. The appellants A1, A3, A2 and A4, in that order, were arrayed before the Vth Addl. Sessions Judge, Dumka. In this judgment, they will be referred as Al to A4 in the same order as they were arrayed before the trial Court. Juchhu Rajak, who, according to the prosecution, also participated along with the above accused Al to A4 and died pending trial, will be referred as deceased accused for the sake of convenience.2. The facts of the case are as follows:The allegation against the accused Al to A4 and deceased accused Juchhu Rajak is that at about 7.00 p.m. on 14-10-1984, they committed rioting and that A4 Suraj Rajak was armed with Bhala and that in furtherance of the common object of the unlawful assembly, Nagendra Ojha was stabbed by A4 Suraj Rajak, leading to his death. The trial Judge, while finding Al to A3 guilty under Section 147 I.P.C., sentenced each of them to six months rigorous imprisonment and found A4 Suraj Rajak guilty under Section 148 I.P.C., for which he was sentenced...
Lokman Mian and anr. Vs. the State of Bihar (Now Jharkhand)
Court: Jharkhand
Decided on: Apr-13-2006
Reported in: 2006CriLJ4516
1. The appellants, Lokmari Mian and Md. Siddique, were arrayed as A-1, and A-2, along with Hafizan Bibi, who was arrayed as A-3. The trial Judge acquitted Hafizan Bibi while the appellants alone were found guilty.2. The appellants were charged under Sections 302/34, 307 and 323 of the Indian Penal Code, on the allegation that at 7.30 a.m. On 10-8-1980 the appellants caused injuries to Md. Chirauddin, leading to his death and that when Gulam Rasool, PW-6 and Abdul Mian, PW-12, intervened, with a view to cause the death of PW-6, they attempted to murder PW-6 and caused injury to PW-12, Abdul Mian.3. The trial Judge finding the appellants guilty, as charged, sentenced each one of them to imprisonment for life under Section 302/34 of the Indian Penal Code, while they were sentenced to seven years rigorous imprisonment under Section 307 of the Indian Penal Code. On being found guilty under Section 323 IPC, each one of them was sentenced to three months rigorous imprisonment. The present app...
Md. Sayeed Vs. the State of Jharkhand Through Superintendent of Police ...
Court: Jharkhand
Decided on: Apr-12-2006
Reported in: 2006CriLJ4498; [2006(3)JCR282(Jhr)]
D.K. Sinha, J.1. The petitioner Md. Sayeed has preferred this petition under Section 482 Cr.P.C. for quashing/ setting aside the impugned orders dated 23.8.2005, 21.12.2005 and 24.12.2005 passed in R.C. Case No. 5(A)/2000 by the Special Judge, C.B.I. (A.H.D.), Ranchi presently pending in the Court of Shri S.N. Prasad, Special Judge, C.B.I. (A.H.D.) with further direction to the said Court to allow the petitioner afresh to examine his defence witnesses through summons of the Court and to stay the further proceedings in the aforesaid case with the direction to the Trial Court below not to pronounce judgment till the disposal of the instant application. 2. Mr. K.K. Jha Kamal, learned Counsel for the petitioner contended that the impugned orders dated 23.8.05, 21.12.2005 and 24.12.2005 vide Annexures 4,7 & 8 passed by the Special Judge, C.B.I. (A.H.D.), Ranchi in R.C. Case No. 5(A)/2000 suffer from legal infirmities, contrary to the provisions of Sections 233 and 315 of the code of Crimina...
Jalil @ Jalil Ahmad @ Md. Jalil Ahmad Vs. Syed Maniruddin
Court: Jharkhand
Decided on: Apr-12-2006
Reported in: [2006(3)JCR470(Jhr)]
ORDERM.Y. Eqbal, J.1. In these two writ petition, since common questions of law and facts are involved they have been heard together and are disposed of by this common order.2. In W.P.(C) No. 6837 of 2004, the petitioner under Article 227 of the Constitution of India has prayed for quashing the order dated 10.12.2004 passed by the Munsif, Lohardaga in Execution Case No. 04 of 2003 whereby he rejected the petitioner's objection purported to have been filed under Order XXI, Rules 97 and 99 read with Sections 57 and 151 of the Code of Civil Procedure challenging the executability of the eviction decree.3. In W.P.(C) No. 4498/2005, the same petitioner has prayed for quashing the order dated 13.10.2004 passed by the Additional District Judge, Lohardaga in Title Appeal No. 34 of 2003, whereby he has stayed the further proceeding of Execution Case No. 01 of 2004.4. The brief facts of the case, which are relevant, lie in a narrow compass:The petitioner filed Title Suit No. 16 of 1992 in the Co...
Dasrath Pasi and ors. Vs. the State of Bihar (Now Jharkhand)
Court: Jharkhand
Decided on: Apr-12-2006
Reported in: [2006(3)JCR291(Jhr)]
1. The appellants, eight in number, were arrayed as A-1 to A-8 before the trial judge. The 1st and 2nd appellants were charged under Section 148 and appellants 3 to 8 under Section 147 of the Indian Penal Code. All the accused were also charged under Sections 449, 323 and 302 read with Section 149 of the Indian Penal Code. The trial judge, while convicting the appellants, as charged, and sentencing each one of them to imprisonment for life under Section 302 read with 149 of the Indian Penal Code, did not award any separate sentence under Sections 147, 148, 323 and 449 of the Indian Penal Code. The present appeal is against the said conviction and sentence.2. The facts, in nutshell, are as follows : Harmunia Pasin, PW-2, is the wife of the deceased, Arjun Pasi. PW-1, Ganga Pasi, is their son. They were residents of village Athmoria within the police station limits of Mohanpur. The appellants-accused were also the residents of the same village. On 17.6.1985 at about 9.00 a.m. cattle belo...
Bhuneshwar Gope, Vs. State of Jharkhand Through the Principal Secretar ...
Court: Jharkhand
Decided on: Apr-12-2006
Reported in: [2006(3)JCR52(Jhr)]
M.Y. Eqbal, J.1. Heard the parties. 2. In this writ petition, petitioners who are employees of the Koderma Mica Unit of the Jharkhand State Mineral Development Corporation Ltd. have challenged the orders passed by the Corporal directing the petitioners to retire from the service of the Corporation on attaining the age of 58 years and further for a direction to the effect that petitioners are entitled to continue in service and superannuate on attaining the age of 60 years. 3. Contention of the petitioners is that Board of Directors of the respondent-Corporation took a decision on 20.12.2004 whereby the age of superannuation of the employees of the Corporation has been increased at par with the State Government employees. 4. It appears that similar matters have been considered by this Court in W.P.(S). No. 190 of 2005 with analogous cases which was disposed of on 31.1.2005 by passing the following order: In these writ petitions, the petitioners, who arc employees of Bihar State Mineral ...
Rawan Rawani and ors. Vs. State of Bihar (Now Jharkhand)
Court: Jharkhand
Decided on: Apr-12-2006
Reported in: 2006CriLJ3919; [2006(2)JCR479(Jhr)]
Amareshwar Sahay, J.1. This appeal is directed against the judgment dated 5.9.1994 passed by the Sessions Judge, Deoghar in Sessions Case No. 42 of 1985 whereby and whereunder the learned Sessions Judge convicted the appellant Nos. 1 to 7, for committing the offence under Section 307/149 of the Indian Penal Code and has sentenced them to undergo R.I. for a period of 7 years each. So far as appellant No. 8 Rukmini Devi is concerned, the learned Session Judge though found her guilty for the offence under Sections 307/149, IPC but released her on probation of good conduct by executing a bond of Rs. 10,000/-with two sureties of the like amount each for keeping peace for a period of two years considering the fact that she was a woman and that there was no allegation against her that she caused injuries to any of the informant parties.2. The prosecution case, as alleged in the FIR, lodged by Moti Rawani on 24.6.1982, in short is that on 23.6.1982 at about 7.00 p.m. one Dr. Banerjee had gone ...
Employees in Relation to the Management of Bhagabandh Colliery of Bhar ...
Court: Jharkhand
Decided on: Apr-12-2006
Reported in: [2006(110)FLR971]; [2006(3)JCR255(Jhr)]
R.K. Merathia, J.1. Heard the parties.2. Petitioner/management has prayed for quashing the order of reference contained in Letter No. L-20012(36)/90-IR (Coal-I) dated 9.11.1990 and also quashing the award dated 28.8.1997, passed by the Central Government Industrial Tribunal No. 1, Dhanbad, in Reference Case No. 4 of 1991. By the said award, the Tribunal has directed the Management to regularize the concerned workmen as Black-smith w.e.f. 1.1.1989 and to pay them 30% of the full back wages from the said date.3. By order dated 17.9.1990 the Central Government referred the following dispute for adjudication to the Tribunal:Whether the demand of the workmen of Kendwadih Colliery of Messers Bharat Coking Coal Limited Post Office Kusunda, District, Dhanbad for regularization of Black-smith mentioned in the Annexure as departmental workers is justified? If so, to what relief are the concerned workmen entitled?1. Chandan Manjhi, 2. Dukhan Mistry. 3. Saudagar Mistry, 4. Sarju Mistry, 5. Raj Kis...
Raj Krit Singh Vs. the State of Jharkhand
Court: Jharkhand
Decided on: Apr-10-2006
Reported in: [2006(2)JCR472(Jhr)]
1. Cr. Appeal No. 155 of 1995 is by Ram Lakhan Singh and Nawal Kishore Singh, who were arrayed as A-3 and A-1 in Sessions Trial No. 426 of 1995 and Cr. Appeal No. 8 of 1996 is by Raj Krit Singh, who was arrayed as A-2 in the said Sessions Trial.2. The above two appeals are being disposed of by the following common judgment and in this judgment, the appellants in both the appeals will be referred as A-1 to A-3, in the same order, as they were arrayed before the trial judge, for the sake of convenience.3. The facts are as follows :Ram Pratap Singh, the deceased in this case, is the brother of PW-5, Jagmohan Singh. They were residents of village Chatampur and Ram Lakhan Singh, the 3rd accused and the other two accused were also residing in the same village. About two years prior to the date of incident, the deceased and Ram Lakhan Singh, A-3, quarreled with each other over throwing of dung in the pit. Therefore, they were in inimical terms and this is said to be the motive of the said occ...
Asha Devi Vs. the State of Bihar (Now Jharkhand)
Court: Jharkhand
Decided on: Apr-10-2006
Reported in: [2006(2)JCR466(Jhr)]
1. Asha Devi, the appellant, was arrayed as A1 along with Singheshwar Mahato, her father and Balmiki Mahato, her relative, who were arrayed as A2 and A3 respectively, before the Sessions Judge. They were charged for an offence under Section 302 read with Section 34 I.P.C and under Section 201 I.P.C. The allegation against the appellant and two other acquitted accused before the trial court is that between 25.5.1990 and 26.5.1990, they murdered Anil Kumar Mahato aged about 10 or 12 years and buried the body inside the house with a view to screen the offence. The prosecution before the trial court, in order to establish both charges, examined P.W.I to P.W.16. The learned Trial Judge, on the evidence adduced both oral and documentary, while acquitting Singheshwar Mahato A2 and Blmiki Mahato A3, found the appellant alone guilty and sentenced her to imprisonment for life under Section 302 read with Section 34 I.P.C. Though the Trial Judge found her guilty under Section 201 I.P.C, no separat...
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