Jharkhand Court August 2006 Judgments
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Kaushal Kishore Singh @ K.K. Singh and ors. Vs. the State of Jharkhand ...
Court: Jharkhand
Decided on: Aug-14-2006
Reported in: [2007(1)JCR491(Jhr)]
ORDERD.K. Sinha, J.1. The petitioners herein have preferred this Cr. Revision against the order impugned dated 27.3.04 passed by the Additional Judicial Commissioner, F.T.C. IX, Ranchi, in Sessions Trial No. 312/02, arising out of Ratu P.S. Case No. 50/02 whereby and whereunder the discharge petition filed by the petitioners under Section 227 of the Code of Criminal Procedure was rejected. 2. The brief fact of the case as stands narrated in the written report of the informant Lal Kishore Nath Sahdeo presented before the Ratu Police on 19.5.2000 is that one Siya Ram Singh & Sheo Kumar Singh with other 5 to 6 persons entered in their premises and after exchange of hot words, Siya Ram Singh took out a revolver from his waste and pointed it on the informant and as soon as he attempted to fire shot his brothers intervened and in course of scuffle his revolver fell down. In same sequence Siya Ram Singh commanded and his men resorted indiscriminate firing from their rifles etc. Upon hearing t...
Sardar Birendra Singh Vs. State of Bihar
Court: Jharkhand
Decided on: Aug-14-2006
Reported in: 2007CriLJ1070; [2006(4)JCR225(Jhr)]
D.P. Singh, J.1. This appeal is directed against the judgment of conviction and order of sentence dated 25.5.1998 passed in Special Case No. 1/1989/(Patna Vigilance P.S. Case No. 2/1989), whereby and whereunder the learned Special Judge Vigilance, Ranchi held the appellant guilty under Sections 7 and 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988, and convicted and sentenced him to undergo RI for one year on each count and has also imposed a fine of Rs. 500/- and in default of payment, to further undergo SI for three months.2. The factual matrix leading to this appeal are as follows:PW-1 Bhagwan Rai, a retired head constable of BMP, Bihar was awaiting final accounting of GPF contributed by him during his services. As stated, the complainant retired from Ranchi and his GPF accounts were pending in the office of Ranchi District Provident Fund office. It is further alleged that the appellant used to deal with the file of the complainant, who demanded bribe to p...
Upendra Rajak Vs. State of Jharkhand
Court: Jharkhand
Decided on: Aug-14-2006
Reported in: 2007(1)BLJR344; [2007(1)JCR451(Jhr)]
R.R. Prasad, J.1. The sole appellant Upendra Rajak was put on trial to face charge under Section 366 of the Indian Penal Code on the allegation that he enticed away Kaushalya Kumari (P.W.1) a girl below 18 years of age for the purpose of marrying her. The trial court having found the appellant guilty convicted him under Section 366 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for six years and to pay fine to the tune of Rs. 5000/- and in default of making payment to undergo simple imprisonment for three months.2. The fact of the case is that Om Prakash Rajak, the informant (P.W.6) lodged the case alleging therein that on 4.3.2004 his daughter Kaushalya Kumari had been to school and while she was on way to school, the appellant enticed her away and on enquiry being made, he came to know that Upendra Rajak has kept her in his house. After the institution of the case against the appellant, the matter was taken up for investigation by the Investigating Office...
Baijnath Thakur Vs. the State of Jharkhand,
Court: Jharkhand
Decided on: Aug-14-2006
Reported in: 2007(1)BLJR373; 2007CriLJ1046; [2006(4)JCR496(Jhr)]
D.K. Sinha, J.1. The petitioner, Baijnath Thakur, has preferred this Cr. Revision application under Sections 397 and 401 of the Code of Criminal Procedure for setting aside the judgment dated 30.1.2004 passed by Sri. Abhay Shankar Mishra, 3rd Addl. Sessions Judge, Dumka in S.C. case No. 247 of 1999 whereby and whereunder the opposite parties No. 2, 3 and 4 namely, Goutam Raut, Fuldhar Raut and Gopal Raut respectively have been acquitted from the charge under Sections 323/325/307/34 of the Indian Penal Code.2. The brief fact of the case is that discourse on ' Bhagwat' was going on at the door of Fuldhar Raut (Opp. Party No. 3) since 23.4.1999. The informant in his statement narrated that in the night of 29.4.1999 he along with his son, Bablu Thakur had been there to hear the discourse. At about 11.30 p.m. Bablu Thakur asked the organizer of 'Bhagwat' to set the 'Public Address System'(Mike) at right whereupon, it is alleged, that opposite party No. 2 Gautam Raut came to Bablu Thakur ima...
Shamim Ansari Vs. the State of Jharkhand
Court: Jharkhand
Decided on: Aug-14-2006
Reported in: 2007(1)BLJR359
D.P. Singh, J.1. This appeal is directed against the judgment of conviction and order of sentence dated 6.7.2002 passed in Sessions Trial No. 625/97, whereby and whereunder the learned Additional District and Sessions Judge, Lohardaga held the appellant guilty under Section 363 IPC and convicted and sentenced him to undergo RI for three years and to pay a fine of Rs. 1000/- and in default of payment, to further undergo SI for one month. 2. The brief facts leading to this appeal are that the appellant, who was distinctly related with the victim, went to Chiri Madrsa on 2.5.95 and informed her that his father has met with an accident. He further offered to take her to her father lying in precarious condition. The victim thereafter went with him but she was not taken to her father rather to a distance place outside Ranchi. According to the victim, she was taken to Bhutan and left there. She further asserted that when she informed the local people how she has reached that place, she was ta...
Lal Brajeshwar Nath Shahdeo, Santosh Mahto and Nepal Baitha Vs. State ...
Court: Jharkhand
Decided on: Aug-14-2006
Reported in: [2006(4)JCR428(Jhr)]
R.K. Merathia, J.1. All the three writ petitions were heard together as they involved common question of facts and law. The parties agreed to consider one or other affidavit filed in one or other case for disposal of these writ petitions.2. The petitioners have prayed for a direction upon the respondents to take a decision for release of unutilised lands (surplus lands) mentioned in the letter dated 13.7.1993 written by the Additional Collector. Ranchi to the District Land Acquisition Officer, Ranchi in terms of the policy decision of the State of Bihar and for other reliefs.3. According to the petitioners, though the lands were acquired in 1960 but the lands in question have not been used by the Heavy Engineering Corporation (H.E.C. for short). Therefore, it is submitted that the lands may be returned to them in view of the policy of the State of Bihar contained in letter dated 12.1.1979 (Annexure 6). The petitioners further rely on some letters of the Deputy Commissioner and the Dist...
Samrendra Choudhary Vs. Heavy Engineering Corporation Ltd. and ors.
Court: Jharkhand
Decided on: Aug-14-2006
Reported in: [2006(4)JCR639(Jhr)]
S.J. Mukhopadhaya, A.C.J. and D.K. Sinha, J.1. The appellant was proceeded against departmentally and charge-sheeted for the charges of habitual unauthorized absence from duty and for tampering with the attendance register. An Enquiry Officer was appointed, who after giving opportunity to the appellant, held the charges of habitual unauthorized absence from duty as the other charge proved. After notice to the appellant, the Senior Deputy General Manager (I/C), F.F.P., M/s. Heavy Engineering Corporation Ltd., Ranehi, by order dated 21st May, 1997 removed the appellant from service. The Chairman-cum-Managing Director, M/s. Heavy Engineering Corporation Ltd., Ranehi. also rejected the appeal, as was preferred by the appellant, by the impugned order dated 23rd May. 2003 and affirmed the order of removal.2. According to the counsel for the appellant, the impugned order of punishment has been passed without giving proper opportunity to the appellant and without following the direction, given...
imtiyaz Mian Alias Imtiyaz Ansari Vs. State of Jharkhand
Court: Jharkhand
Decided on: Aug-14-2006
Reported in: [2006(4)JCR642(Jhr)]
Amareshwar Sahay, J.1. This appeal arises against the judgment of conviction and sentence dated 17.2.2004 passed by the 1st Additional Sessions Judge. Chatra in Sessions Trial No. 21 of 2002 whereby. Unlearned Additional Sessions Judge convicted the appellant for the offence under Sections 363 and 366-A of the Indian Penal Code and sentenced him to undergo R.I. for three years and to pay a fine of Rs. 2,000 (Rupees Two Thousand) and in default thereof, to undergo further imprisonment for six months under Section 363 of the Indian Penal Code and to undergo R.I. for five years and to pay a fine of Rs. 2,000/- (Rupees two thousand) and in default thereof to undergo further imprisonment of six months under Section 366-A of the Indian Penal Code.2. The prosecution case in short, as disclosed in the FIR lodged with the Tandwa Police Station by the informant Mahendra Thakur (PW 1) is that his sister namely Sushma Kumari, aged about 12 years was traceless from 3:00 a.m. of the night falling be...
Raghunath Purty and Rajni Das Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Aug-14-2006
Reported in: [2006(4)JCR470(Jhr)]
ORDER1. As both the appeals arise out of common judgment they are being disposed of by this common order.2. Both the appeals have been preferred by the appellants against the last line of paragraph 13 of the impugned judgment dated 22nd March, 2006 passed by the learned single Judge in W.P. (S) No. 6466/2005 and analogous cases. By the impugned judgment, when the learned single Judge held that the Resolution taken by the Government vide memo No. 5826 dated 26th October, 2004 enhancing the age of superannuation of the Government employees from 58 to 60 years shall also apply in the case of the employees of the Zila Parishad and the age of superannuation of the employees of the Zila Parishad shall also be 60 years, made the judgment and such declaration from prospective effect.3. The only question required to be determined in these appeals is whether the age of superannuation as was enhanced from 58 to 60 years for the State Government employees vide memo No. 5826 dated 26th October, 200...
Sunil Kumar and Vs. State of Jharkhand
Court: Jharkhand
Decided on: Aug-14-2006
Reported in: [2007(1)JCR528(Jhr)]
Amareshwar Sahay, J.1. These two appeals arise out of the same impugned judgment and, therefore, they were heard together and are being disposed of by this common judgment.2. The appellant Sunil Kumar in Cr. Appeal No. 442/2004 and the appellant Vishal Kumar Singh @ Dharmendra Singh in Cr. Appeal No. 432/2004, were tried together for the charges under Sections 307/34 and 323 of the Indian Penal Code and by the impugned judgment dated 26.2.2004 in Sessions Trial No. 176/1999, the learned Additional Judicial Commissioner, Fast Track Court, Ranchi convicted both these appellants for the said offences and sentenced them to undergo RI for a period of seven years each for the offence under Sections 307/34, IPC and also to pay a fine of Rs. 1000/- each in default to undergo RI for a further period of six months and RI for a period of three years each for the offence under Section 323, IPC.3. The case of the prosecution in short is that the informant PW 5 Jitendra Kumar gave his fardbeyan (Ext...
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