Jharkhand Court May 2006 Judgments
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Sheikh Jago and ors. Vs. the State of Bihar (Now Jharkhand)
Court: Jharkhand
Decided on: May-12-2006
Reported in: 2007CriLJ463
Amareshwar Sahay, J.1. The appellants along with one Sheikh Irfan were charged for the offence under Section 307/34 IPC and Section 27 of the Arms Act and by the Impugned judgment dated 29-1-1999, the learned Sessions Judge, Godda in Sessions Trial No. 5/1998, convicted these appellants for the offence under Sections 307/34 IPC and Section 27 of the Arms Act and sentenced them to undergo R.I. for a period of 10 years each for the offence under Section 307/34 IPC and R.I. for a period of 3 years each for the offence under Section 27 of the Arms Act.2. In short the prosecution case is that in the night between 28th and 29th of August 1997, the informant (PW-1), his son Naim (PW-3) and his grand son Md. Farooq Alam (PW-2) were sleeping in their 'Basa'. At about 12.15 a.m. in the night, these three appellants and the other co-accused Sheikh Irfan (since acquitted) came there and then it is said that the appellant No. 1 Jago shot at the informant by a fire arms causing injuries on his chest...
Braj Mohan Singh Vs. Ranchi Regional Development Authority Through Its ...
Court: Jharkhand
Decided on: May-12-2006
Reported in: [2007(1)JCR353(Jhr)]
ORDERN.N. Tiwari, J.1. In this writ application the petitioner has prayed for quashing the office order issued by the respondent No. 2., by his letter dated 13.1.2004 whereby the allotment of the shop made in his favour at the Rock Garden, Kanke, Ranchi has been cancelled with effect from 15th March, 2004 on the ground of violation of terms and conditions of the lease agreement dated 22.1.2002.2. Petitioner's case is that he was allotted the said shop premises having an area of 500 sq.ft. by virtue of the said lease agreement, on payment of security amount of Rs. 51,000/- and on payment of rent at the rate of Rs. 1500/- per month. As per the terms of the lease agreement, the petitioner raised construction in the premises by investing more than Rs. 2,50,000/- (Rupees two lakh fifty thousand). The plan for the same was approved by the Ranchi Regional Development Authority. The petitioner, thereafter, started his canteen and for that purpose he purchased articles and equipments for more t...
Sanichariya Devi @ OraIn and ors. Vs. Chhaya Devi
Court: Jharkhand
Decided on: May-12-2006
Reported in: [2008(3)JCR333(Jhr)]
1. We have heard Mr. A.K. Sahani and Dr. S.N. Pathak, learned Counsels appearing for the parties.2. These two matters, one appeal and another writ petition, have been heard together and are disposed of by this common order since common question of law and facts are involved.3. Late Rurh Singh was employed as driver in Bihar State Electricity Board, Ranchi. He died on 14.8.1994. After his death, appellant Sanichariya Devi along with her children filed Succession Case No. 228 of 1996 for the grant of succession certificate on the ground, inter alia, that she is legally married wife of deceased Rurh Singh and appellant Nos. 2 to 4 are the children born out of their marriage. The case of the appellant was that prior to her marriage with Late Rurh Singh, he was unmarried and therefore they are legally entitled to succeed debts and securities including retiral benefits of deceased Rurh Singh. In the said succession case, one Smt. Chhaya Devi, who is the writ petitioner, was impleaded as oppo...
Jaichand Yadav Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: May-11-2006
Reported in: [2006(3)JCR447(Jhr)]
S.J. Mukhopadhaya, J.1. This application has been preferred by the petitioner for a direction on the respondents to select him as Constable in Indian Reserve Batalian, Ranchi, which is a wing of Jharkhand Armed Police-I.2. According to the petitioner, he competed in the physical test and is having the height of 171 cm. but has not been selected, though persons, having obtained lesser marks, have been selected and appointed.3. Earlier when the case was taken up on 18th April, 2006, learned Counsel for the petitioner submitted that though the petitioner is Intermediate, one point, to which the petitioner was entitled towards Intermediate qualification, having not been added, he was not selected. It was suggested that if one point is added, the petitioner will come within the zone of appointment against the post, reserved for other backward category.4. The respondents were directed to file counter affidavit, enclosing copy of the application, preferred by the petitioner, and to state whet...
SakruddIn Mian Vs. the State of Bihar
Court: Jharkhand
Decided on: May-11-2006
Reported in: I(2007)DMC131
Amareshwar Sahay, J.1. This appeal arises Against the Judgment of conviction and order of sentence dated 03.08.1998 and 05.08.1998 respectively passed by the Sessions Judge, Deoghar in Sessions Case No. 144 of 1995 whereby and whereunder, the learned Sessions Judge convicted the present appellant Sakruddin Mian for the offence under Section 304-B of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for a period of seven years. The other co-accused namely Raju Mian and Sabijan Bibi alias Charki Bibi who were tried with the present appellant were, however, acquitted from the charges on the ground that the prosecution failed to prove the charges against them.2. The fact in short are that a complaint petition was filed in Court by Hanif Mian, the uncle of the deceased Safuran Bibi @ Sakuran Bibi on 05.09.1994 which was sent to the Police for instituting F.I.R. and accordingly, Sarath P.S. Case No. 97/94 was registered by the Police on 24.09.1994. In the said complain...
Rajmohan Bhagat and Birsu Bhagat @ Manoj Bhagat Vs. the State of Jhark ...
Court: Jharkhand
Decided on: May-11-2006
Reported in: 2006CriLJ4487
D.P. Singh, J.1. This appeal is directed against the judgment of conviction and order of sentence dated 2.12.2000 passed in Sessions Trial No. 167 of 1984/68 of 1990, whereby and whereunder the learned Additional Judicial Commissioner, Lohardaga held the appellants guilty under Sections 395 IPC and convicted and sentenced them to undergo RI for five years.2. The brief facts leading to this appeal are that in the evening of 8th June, 1983 the informant Khadia Bhagat, PW 3, was resting In his house situated in village Rorad Chhapartoli, P.S. Kisko, District Lohardaga, when at about 7 PM he found some miscreants inside his house having gun and armed variously. It is further stated that the miscreants caught hold of him and tied his hand and threatened him to kill if he did not disclose where the money was concealed. He identified one of the miscreants as Fulchand as other miscreants were concealing their face. Thereafter his father and mother were also threatened and were forced to disclo...
State of Jharkhand and ors. Vs. Baleshwar Singh and anr.
Court: Jharkhand
Decided on: May-11-2006
Reported in: [2006(4)JCR660(Jhr)]
ORDER1. This application has been preferred by the State of Jharkhand against the judgment dated 21st June, 2005. passed by the learned Single Judge in WP (S) No. 6717 of 2004, whereby and whereunder, the learned Single Judge while set aside Office Order No. 195/2004. communicated vide Memo No. 669, dated 26th May, 2004, held that the respondents cannot recover any amount from the petitioner's gratuity and thereby, directed to refund the amount, already recovered, with statutory interest and on failure, to pay compensatory interest at the rate of 10% per annum.2. The question, requires to be determined in this case, is whether the amount, if any, paid in excess, due to calculation mistake, can be recovered from pension or gratuity of a Government employee?If the aforesaid question is answered in affirmative and in favour of the State, then the following question will arise (a) who is the competent authority to recover/adjust such amount? (b) what will be the procedure to recover/adjust...
Mahabir Sahu and ors. Vs. State of Bihar (Now Jharkhand)
Court: Jharkhand
Decided on: May-11-2006
Reported in: 2007CriLJ653
1. The appellants in C.A. No. 144/99 are Mahabir Sahu and Rasdhari Sahu who were arrayed as A6 and A3 respectively before the 2nd Addl. Sessions Judge, Gumlain S.T.No. 32/98. C.A.No. 161/99 is by Shisha Sahu, Dhano Sahu, Satrughan Sahu and Marwari Sahu who were arrayed as A2, Al, A5 and A4 respectively in the same Sessions Trial. In this judgment, the appellants in both the appeals will be referred as Al to A6 in the order they were arrayed before the Trial Judge for the sake of convenience and both the appeals are disposed of by the following common judgment.2. Ram Jatan Sahu (D1) is the brother of Budheshwar Sahu (D2). P.W. 1, Muchan Devi is the wife of D1. The appellants are the agnates of D1 and D2. According to the prosecution, the disputes were pending between the appellants and the two deceased as regards the land. Civil proceedings were pending in Court. This is said to be the motive for the occurrence which, according to the prosecution, took place at 5 p.m. on 18-7-1997.3. On...
Mansoor Alam and BadruddIn Vs. the State of Bihar (Now Jharkhand)
Court: Jharkhand
Decided on: May-10-2006
Reported in: 2006CriLJ4485
1. By Court Mansoor Alam and Badruddin, the appellants in the above appeal, were arrayed as A1 and A2 in Sessions Trial No. 407/1997 on the file of 5th Addl. Sessions Judge, Hazaribagh. They were tried and convicted under Section 302 read with Section 34 I.P.C on the allegation that they, in furtherance of the common intention of each other, caused death of Rupesh Soren @ Sontu by slapping and stabbing with a pair of scissors. The Trial Judge, finding the appellants guilty as charged, sentenced each of them to imprisonment for life, which is being challenged in this appeal. 2. At 4.30 p.m. on 4..12.1996, the deceased, Rupesh Soren @ Sontu, along with his friend Albert Barla, P.W.4 and P.W.10 Sapan Kumar Bose was taking refreshment at a Tea Shop near College Mor. They saw the first appellant Mansoor Alam teasing some girls. The deceased objected to the conduct of the first appellant, P.W.4 Albert Barla slapped the first appellant and also asked him to close the shop. On being threatened...
Madhusudan @ Masudan Gope and ors. Vs. the State of Bihar (Now Jharkha ...
Court: Jharkhand
Decided on: May-10-2006
Reported in: 2006CriLJ4190
1. The appellants 1 to 6 were arrayed as A1, A3, A2, A4, A5 & A6, in the orbefore the Sessions Judge, Gumla and in this judgment the appellants will be referred as A1 to A6 in the order they were arrayed before the trial court, for the sake of convenience. They were charged under Section 302/34 I.P.C. on the allegation that at 2.30 P.M. on 30.3.1997 in furtherance of common intention of each other. A3, Dinesh Gope caused injury on Etwa Oraon, the deceased in this case, with Bhujali and the other accused beat him listed him, leading to his death. The trial judge finding the appellants guilty, as charged, sentenced each one of them to imprisonment for life. The present appeal is against the said conviction and sentence.2. P.W. 1, Somo Oraien, is the wife of the deceased, Etwa Oraon, P W. 3, Chainu Oraon and P.W. 4, Jagdeo Oraon are the sons of the deceased. P.W. 2, Tetri Oraien is the wife of P.W.3, Chainu Oraon and hence the daughter-in-law of P.W.1 and the deceased. They were residing ...
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